Here are some thoughts in internet style FAQ.
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1. I have not needed to use public domain music previously in my television/radio programs, what gives?? Congress has given special rights consideration for programs used in regular over-air broadcast. For example no RIAA permission or restrictions apply to use of CDs as source music. However if you plan on streaming or podcasting your broadcast to the internet, think again. Not only does RIAA/SoundExchange take a royalty, they also impose very restrictive playlist rules, for example no all-Beatles shows are allowed, period, nada. The play list restrictions is the reason many commercial stations stopped internet streaming. These days producers of broadcast programs are looking for as many new outlets as possible, as often broadcast itself does not cover expenses. Self-sourcing or using public domain materials are the best methods to insure you can take advantage of every possible spin-off. Congress is considering lifting the broadcast exemptions, so using PD material now will make your "evergreen" programs future proof.
2. Doesn't royalty-free or "production music" cover all applications?? The music and recordings are still copyrighted, so you are not covered for any distribution not specifically named in the license agreement. Most licenses are for sync and cover only the producer selling the media. That is a rip because the ASCAP or BMI composer of the music still collects from the station blanket or per-use agreement. Yep ASCAP and BMI even collects per-use broadcast payments on commercials. And of course, venues not mentioned in the license are not covered. So if your program is played in a classroom or at a convention, someone will get stuck for the performance royalty. Another problem is time, it is common for a time limit of 3 years to apply to sync rights obtained for incorporation within a program. A successful evergreen program may stick you with a very expensive rights renewal negotiation. top
3. I am a control freak, why don't I just hire a band and create my own music?? Music makes an important contribution to the quality of any production. However few producers can afford either the lead time in creating the music track or the expense of new works. Ever try to hire a symphony orchestra, and where is Max Steiner when you need him? Also be sure that the composer and performers all understand that rights are transfered upon payment by you (and don't "forget" to pay, as state copyright will allow them to put a lien on your finished product otherwise). Failure to get the rights for the composition will allow ASCAP or BMI (depending on which organization represents the composer) to claim performance royalties. Musicians that participate in unions have many additional requirements, including rehersals, residuals and retirement funds that must be paid, and control over how the music is used. $25 and expedited delivery is more to the tune of low budget producers. top
4. Wow, $25 is a lot of money, the CD I would like to use only costs $7.99?? Because all CDs were produced after 1972, they carry phonorecord copyright protection (that is the circle p emblem). Now you might be able to negotiate a deal with the record label if you offer a substantial sum up front, they normally prefer that you use the product and then they have the leverage to sue for statutory damage. Statutory means they don't have to show any real "damage" was incurred by your violation, the law itself states how much they can collect after-the-fact of infringement. It is a princely sum. A CD with all its trappings costs less than a dollar to make, so the record label just made a 700% profit at your expense, and provided you with no rights concerning its use. Our "profit" structure is considerably more modest, as a percentage of production cost, and you have a good chance of avoiding future lawsuits, at least concerning the music. top
5. Still for $25 don't I get a certificate of public-domain-ness?? OK, let's talk legal-ese. First, I am not a lawyer and cannot pretend to offer you any specific legal advice except to say that you should always have a lawyer to handle your interests (virtually mandatory if you operate as a corporation). Always follow their advice, even if incorrect or incompetent, that will still protect you from most financial losses arising from copyright infringement. The maximum penalty imposed for un-intentional infringement is usually a requirement that the offending music be removed from any future distribution of the product. Granted a major pain, but it is far short of a million bucks and jail time. There is no method that gives 100% assurance that any authored work is in public domain except for a determination in court (such as might happen as part of an infringement suit). However there are certain guidelines that a prudent researcher would use. That is much too technical for a discussion here, you might check the blog ozro.us. Two quick checks I would suggest are, 1. is the distributed recording pre-1972 and 2. does the composition show up on the ASCAP/BMI or SESAC internet database. Certificates are out; good faith and due dilligence are in. We will be happy to correspond with your legal team concerning any rights questions. top
6. If you have music on MP3, where do I go to get a download?? Our offerings at the MP3PublicDomain.com put many hours of music on a single CDrom, which is what we ship to you. These files are much too big to store on our web server. Under special unusual circumstances we will post a file on a site for your retrieval if it represents less than 10 minutes of music. We can send a snipit that is under 1 minute by email. Typically these will be sampled at 80kbps for minimum size. top
7. What is so special about your sources that I couldn't just get them at a yardsale?? Exactly our point, what we offer are plain-jane US distributed phonorecords, indeed some have come from yardsales and eBay too. Pre-1972 means they are 35-50 years old, and those LPs are hard to find anywhere in usuable condition. Tapes hold up better, but then they were expensive and difficult to find even when new. We have organized our tape collection so that we can source these familiar old recordings on-demand. We then use first-rate audio production gear chosen for ability to handle the requirements of making a quality transfer to CD. Additionally you get the assurance that we have researched the music compositions to determine current copyrights status as well. top
8. How do I get a free sample to see if the music is suitable for my production?? These old albums should be available for audition in public libraries or school audio/visual departments. We offer the items risk-free, should they prove to be not useful they can be returned for refund. Items with defects will similarly be replaced free of charge. top
9. I need music on audio cassette to play in my car, or Betamax HiFi for watching on TV?? What part of public domain do you not understand? Simply copy off the CD we provide to whatever media you want. Keep the CD in case the cassette player decides to trash the tape. We only support the ubiquitous music CDR format and MP3 on CDrom. top
10. I don't have an iPod, how do I listen to an MP3?? Virtually every computer, Mac or Windows, can play MP3 files. A few modern component style CD players handle MP3 as well. And most DVD players can play MP3 because they have an MP3 license to be able to play pre-recorded movies. Up-scale car radios usually have MP3 play capability even if they don't have HD FM. top