here is what I got, verbatim, in response from Harry Fox (I hope I don't need a license to reprint this....)

The nature of your request requires a synchronization license, a license of written authorization to use recorded music in combination with visual images such as film, television, video, web sites, and the like.

The Harry Fox Agency discontinued synchronization license services in 2002. However, you may secure synchronization rights by contacting the publisher directly. You can use the following databases to locate publisher information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.loc.gov/copyright/search/

thanks for the post.

Not to put too fine a point on all this....out of curiosity I'd like to know myself what all is involved in terms of time, effort, and cost to be legal.

I went here http://www.ascap.com/ace/search.cfm?mode=search and searched for "Because you loved me". Found the song, and it listed the publishers (there are two). Now, I will send a letter to the two publishers and request a sync license (and master use license? ) for my project and see how far I get...

David

I just saw the Videoguys are selling Acid Pro 4 with 15 CDs of loops for USD 199.95.

Seems an easy way to avoid all these hassles if you ask me.

If only I'd kept up with those piano lessons I might have a clue about music :)

In the same vein, what licenses do you need to videotape a local performance of, say, Music Man, knowing that the performance license has already been paid? Copies would be for sale, BTW...

dave

Just for reference, I wonder what "rights" existed 200 years ago? Obviously, there weren't any recording devices, but there were still means of putting down words or music on paper. What was the rule back then? A musician clearly made money when he or she performed the work. What if someone else took the song, called it his own, and performed it also? Did the courts award damages to the original composer?

200 years ago? Absolutely. There were several copyright cases that came following the Statute of Anne, and even more when Article I, Section 8, Clause 8 of the U.S. Constitution was written. To my limited knowledge, the first copyright case was brought in 1710 against an infringer of the rights of Stationers Company, a company licensed to print certain works. The first international suit brought was by Harrient Beecher Stowe who sued a German publisher for translating "Uncle Tom's Cabin" into German and printing it without her permission. This was in the mid 1800's.
There are many, many more cases, some dating back to the late 1600's. Before that, I'd assume there weren't many works that were known...but the shorter answer is, yes, the laws of the time recognized and allowed pursuit of infringments.
This all ain't new, it's just more commonly known about nowadays...

Dmcknight,

Keep us informed, but don't hold your breath waiting for a reply.

this thread was in 2003...I've since posted an update here -

http://mediasoftware.sonypictures.com/forums/ShowMessage.asp?ForumID=4&MessageID=205404

>>>In the same vein, what licenses do you need to videotape a local performance of, say, Music Man, knowing that the performance license has already been paid? Copies would be for sale,<<<

A few various issues here - not just the music. First you would need to get permission from the venue and have them sign off on it. Second you would need to get release forms from all the talent. Next you need to work out issues with the music director and make sure all the musicians who play on this version are taken care off. (As in is it an "orchestra" that is a "work for hire" or do you have to pay/hire each and every one of the musicians individually for their playing on the new recording you will be making)

Now comes the music. If this were a CD of "show tunes" or the like you would have to take care of publishing. However you are talking about shooting the actual play and this is something else. (EDIT - See my next post for the answer)

Next is the story rights - the actual story portion of the show will also be copyrighted and you need to clear that as well. So if you were going to do another film version of the "Music Man" you would have to go through the process of getting the story rights. However, as with the music, it is another issue. (EDIT - See my next post for the answer)

I am checking for a more involved answer about the music and story part from the company who actually licenses performances/shows and will let you know more as soon as I hear from them. (EDIT - See my next post for the answer)

Ok, here is the exact wording. And 99.9% of shows such as "Music Man" are done through these guys. Keep in mind this only answers your question about videotaping and selling copies fo the production as performed on stage. This apllies to *any* production be it grade school, the local dance company, community theatre, the local church or a full out revival on Broadway. Here is what they told me:

=======
I. COPYRIGHT PROVISIONS - Any violation of these provisions shall automatically terminate this License.

3. Recording/Reproduction (Audio, Video, Computer Sequencing, etc.)

a. Recording: This License does not allow you to make and/or distribute a mechanical recording (rehearsal, performance and/or archival) of the Play or any portion of it by any means whatsoever, including, but not limited to, audiocassette, video, film, and digital sequencing.

b. Broadcast: This License does not allow you to broadcast, televise and/or electronically post on the Internet any part of the Play, either by audio or visual or both, including musical selections.

4. Program/Poster/Advertising Credits

c. You must include in prominent fashion in every program for your production of the Play the following warning:

"The videotaping of this production is a violation of United States Copyright Law and an actionable Federal Offense."

Unfortunately, we are unable to grant any request for mechanical rights. There is no appeal process. Even if there were a way to oblige, it would not be practical to permit some theaters to record while prohibiting others.

Any illegal recording aired on any television broadcasting system will subject the producer, producing organization and every person involved to criminal/civil litigation.
=======

Just to add a small addition to Filmy's excellent response...don't forget that if it's a union house, you've got to get union clearance, not to mention paying for it.

Thanks David - I didn't spot that it was so old. I checked the update, any updates to the update or are Sony simply cockin' a deaf 'un?