Excellent advice and not far from the excellent advice of John Howell
below ("a simple letter of understanding, from you to her, including the
points you discussed verbally and agreed to"). You both suggest
something informal, in writing, that shows for her heirs that she was in
agreement and in understanding at this time.
Yours is an inviting approach. The grant part for a new written
document would not be available right now from the state, but could be
later. I could invite her further collaboration on this, certainly.
Also, I was just writing Finalelister Vern Graham in a private message
last night. that this makes me realize that this woman's singing should
be brought to the attention of whomever is doing Alan Lomax's work these
days, if anyone.
Thanks
Ray
Mark D Lew wrote:
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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