On Mar 6, 2007, at 11:24 AM, Raymond Horton wrote:
I had my talk with the lady and her husband. The husband, once he
understood that I was not making a CD, that I am writing a piece
that will, ideally, preserve and pay tribute to the heritage of the
area in which his wife grew up, etc., was happy with it. I
explained about the profit possibilities (or lack thereof) and they
were fine with that, also. I promised them a percentage of any
that I do turn out to make. So, verbally, I'm fine. (Famous last
words.)
Maybe I should draw something up and have them sign. Really I
should have a lawyer do it, but that would negate any profits I
would ever make form this thing...
From what you've described in this discussion, it sounds to me like
they probably don't have a real copyright claim on the songs you
intend to use. And even if they do, they'd have a hard time
demonstrating it. Strictly from a practical point of view, I think
you're in pretty good shape.
I would say the more important thing is making everyone happy.
Whether it's legal or not, I think we all agree that it's *right* to
respect her wishes with regard to use of the song, including sharing
some credit and some profits if that's what she wants. It sounds
like that's exactly what you've now done.
Rather than trying to get them to sign a legal document, which feels
confrontational, wouldn't it make more sense to do something positive
to involve her in the project? Maybe publish the score together in a
larger booklet with some small texts about her (and others), and
invite her to tell part of her story. If there's anyone nearby with
an interest in oral history, perhaps that person could be brought on
as a collaborator to do the writing. You said you had a state grant,
right? Maybe the same organization would be interested in expanding
the project slightly.
That, too, would serve the purpose of protecting you. It seems
pretty clear that the woman and her husband would never object. The
only worry is if years later some heir tries to assert copyright to
shut you down. If that were to happen, your response would be that
permission was granted in the verbal agreement, and being able to
point to evidence of her active cooperation would go a long way
toward establishing that.
mdl
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