Live Recording

Copyright matters affecting music and musicians.
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Pete54321
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Live Recording

Post by Pete54321 » Thu Jan 08, 2009 8:35 pm

I wonder if anyone is able to help me with this query.

I will try to explain the situation as simply as possible:

I am a freelance, live sound engineer. A band I was being paid by played at a festival. The festival was recorded (pictures and sound) by the organisers. The sound mix was direct from the front of house desk i.e provided by me.
I was not aware of the recording being made at the time. My job role was to provide a live mix, no agreement or permission was given to either the band or organisers for any further use of this live mix.

The recording of the show has now been released by the band/record company commercially.

Do I have any rights over the sound part of this recording? As far as I am concerned the only person, beyond the musicians playing on stage that had any genuine input into this recording was me.

Should the record company have, at the very least, sought my permission to use the recording?


Not that it really affects the law, but their last album sold over half a million copies. I don't expect this dvd to approach anything close to this, my interest is not monetary, I primarily would like some credit for my work.

Thank you for any advice you are able to provide.

Pete

Warlock
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Post by Warlock » Tue Feb 10, 2009 6:29 pm

From the Copyright Designs and Patents Act:
Section 11: First ownership of copyright.
11.-(1) The author of a work is the first owner of any copyright in it, subject to the following provisions.
(2) Where a literary, dramatic, musical or artistic work, or a film, is made by an employee in the course of his employment, his employer is the first owner of any copyright in the work subject to any agreement to the contrary.
Section 9: Authorship of work.
9.-(1) In this Part "author", in relation to a work, means the person who creates it.
(2) That person shall be taken to be-
(aa) in the case of a sound recording, the producer;
"producer", in relation to a sound recording or a film, means the person by whom the arrangements necessary for the making of the sound recording or film are undertaken;
Sounds like a yes to me :)

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