At 11:50 AM +0100 6/18/02, Javier Ruiz wrote: >Estimada Linda, > >You have said this two times, that you post sound files in your web site. >But for that you need all the permissions from the performers, and if it is >an orchestra must be very difficult.
Happy to explain, Javier. This is a long response, for those who want to press delete. For the record, I would never post a MIDI realization. I happen to loathe them for a number of reasons, though I realize that it's the practical way to go for many people, and a good solution for people who don't mind hearing them. However, actual musicians have been used in all these recordings. To paraphrase from movie credits: No musicians were harmed in the making of my web site. The recordings I have made of my own music were done in places where the musicians provided their talents as "work for hire" and relinquish all rights to them. Even when I hire a whole orchestra or what turns into an orchestra once the overdubs are complete. I pay union scale or above at the sessions, follow the union rules for breaks, etc., but I only work in right-to-work states, so I do not have to deal with the union paperwork, and simply do not hire musicians who feel I should. (My apologies all you union stewards and zealots... I just don't want to go there!) I know most of the people I hire, and if I use a contractor, he/she knows my system and makes sure to hire people who are cool with that). The musicians I use (all professionals, some with major performing groups) are well aware that they are signing away any claim to further compensation, regardless of how the recording is used. I can post, give away, sell, distribute, or use these recordings any way I like, since I own the copyright and I (or the people who hire me to record) own the master recording. My personal list of favorite musicians are happy to have the work, have wonderful attitudes, and I treat them like the true artists they are, so I have never had a problem with all this. As for posting recordings on the web site: recordings I do not own myself, because someone has hired me to record them, or because the recording has been made by someone else for some commercial venue, I have agreements with the owners of the master recordings that I may use them for "promotion or demonstration," (including posting excerpts or whole recordings on the web) but of course I cannot sell the recordings commercially. I still own the copyrights on the music, if it's mine, but I do not own those recordings. Some examples from the sound files on my web site: "Sundance" is a recording made and owned by the Belgian Radio Philharmonic. They performed it live, and made a studio recording for broadcast. I have their permission to use copies of the studio recording for demonstration, but I can't sell it. (A textbook which used the same recording paid them a license fee for using it on their accompanying CD, because it was sold commercially.) The recorded movie cues from the score for "The Rescue of Autumn" are owned by the film company, and they have given me permission to use cues and excerpts for promotion. (They are happy for me to promote their short film.) A string quartet recorded "Arcadia Quartet" for me with the understanding that I own the the recording and can use it any way I choose. I may include it soon on a commercial CD (I'm still trying to decide whether to re-record it, for various reasons). The understanding with the musicians (who were paid to record it, of course) is that I own the recording and can do whatever I like with it. However, if I do decide to use this particular recording on the commercial CD, which I am unlikely to make any significant income from, I plan to RE-obtain their permission and pay them additionally (though they expect neither) as a courtesy. "Haunted Castle" was commissioned for an educational project. I own the copyright, but the company that published the project owns the recording. I obtained their permission to use the recording for demo only (including web posting), unless we make other arrangements. And so on. But in every case, I have permission from the owner of the master (who in turn has releases from the musicians) or I own the master and, as producer of the recording, I obtained releases from the musicians. I've also recorded pieces for other composers... slotted their instrumental (sometimes full orchestra) pieces into sessions already booked, to use the musicians/studio time to full advantage. Once everyone is assembled, tuned, warmed up, the microphones are set, etc... it saves a lot of money to just keep recording as long as the musicians are up for it. Even with breaks, it saves money over short, single sessions, because everyone is up and running. The first hour or so of any session is always a bit of a loss because of moving things around, getting tuned and warmed up, getting used to the room, etc. until the sound is just right. In any case, I'm lucky to have been able to do recordings of my own work just by picking up the cost of extended time in an existing session. It still isn't cheap, but it has paid for itself so far in promotion and sales/rentals of parts for live performance. >Am I wrong in this? Not at all... So far I have not used any recordings by Unionized American orchestras. I have worked around it by doing the recordings myself. As you might guess, getting permission for anything from a professional union orchestra can be a nightmare, so I just don't go there. > >(And please don't get too angry with me ;) Never. If you and the rest of the list doesn't get angry with me for posting this long explanation. Hope this clarifies. Linda Worsley Hear the music at: http://www.ganymuse.com/ _______________________________________________ Finale mailing list [EMAIL PROTECTED] http://mail.shsu.edu/mailman/listinfo/finale
