View Full Version : law regarding using classical music


Andrew Todd
May 26th, 2006, 04:30 PM
classical music? who owns the rights to it.. whatever symphony recorded it? can i use it here in canada for free since its so old?

K. Forman
May 26th, 2006, 04:44 PM
There are indeed property rights to the recording itself. However, if you happen to know a symphonic orchestra, you could use most classical music. Again, you will want to search for any other rights that might bite you later.

Boyd Ostroff
May 26th, 2006, 07:29 PM
In addition to the recording company, orchestra and individual artists, the publisher of the musical scores may have some rights as well.

Paul Tauger
May 26th, 2006, 08:17 PM
There is a copyright in the recording that belongs to whomever made it. There can also be copyright in the arrangement. Unless they are also composers, musicians have no rights in a musical recording.

Steve Siegel
June 6th, 2006, 01:36 PM
I'm not a lawyer, but I think this is correct. If the composer has been dead for 75 years, and if the family or other agency has not purposely extended the rights, then the sheet music is fair use. Even a newer "arrangement" would be fair use, as the arrangement is only a derivative of the original, and has no rights.
Your problem is in the rights of the performers. Any performance recorded after 1923 is protected, and there is basically no way around it.

Paul Tauger
June 6th, 2006, 03:37 PM
I'm not a lawyer, but I think this is correct. If the composer has been dead for 75 years, and if the family or other agency has not purposely extended the rights, then the sheet music is fair use. Even a newer "arrangement" would be fair use, as the arrangement is only a derivative of the original, and has no rights.
Your problem is in the rights of the performers. Any performance recorded after 1923 is protected, and there is basically no way around it.
Arrangements are protected separately as derivative works -- using them would result in copyright infringement.