Classical music copyrights question

[Alex Melnikov]

Hello,

I was wondering if there is any copyright on classical music by Beethoven, Bach, Chopin, Mozart, Shostakovich, Tchaikovsky etc.

I am working on a short non commercial movie project and will need about a minute of some classical music in the background. Do I have to contact somebody and ask permission or I can use it as long as I own a CD with recorded music and will credit the composer at the end of the video?

Thanks in advance. :-)

[Adam Burtle]

i am by no means an authority, but it is my understanding that copyright only lasts some finite amount of time..like 40 years, or around there (from the time of first writing, performance, or publishing).

anything from the 1800's or before i believe you are well in the clear*

*i am just an idiot with a camera, check with a lawyer.

[Glenn Chan]

Jay Rose's articles on dv.com go through these issues pretty well.

The short answer is no. The recording and performance of a piece of classical music is protected by copyright. The composition would also be compyrighted if the composer died less than 75 years ago (not so sure about this last point).

[Jeff Donald]

It would definitely be copyrighted music. Disregard the whole composer and family are long dead argument.. What is copyrighted is the current performance and arrangement, as Glenn points out. Look at the disc and jewel case and you'll find copyright notices. I used classical music performances by local universities in the past. Many of the arrangements are by the professors or students. The university still has to grant permission for the usage, but freely do in many cases.

[Alex Melnikov]

Ah now I see. Thanks for information everybody:)

[Brad Richmond]

Here are three links to royalty free music websites. I have used all three of these and really like their products...well worth the reasonable price. I am not affiliated with any of these companies. Be sure and read their licensing agreement. Hope this helps.

http://www.davenportmusic.com/

http://www.uniquetracks.com/

http://www.musicbakery.com/

[Rob Lohman]

If the composer has been dead longer than the defined number
of years (might be 75 years as Glenn points out) it shouldn't be
a problem if you play the piece yourself or have someone play
it and give you the exclusive rights to use it. You can't copy it
of a CD indeed since their will be copyright on the person or
orchestra that recorded it. Those are two different copyrights.
The performance copyright (still valid) and the composing
copyright (might be gone).

[Jeff Donald]

The other problem Rob, is the arrangement. In other words the sheet music used to play the music. The particular arrangement may be modern and therefor copyrighted.

[Rob Lohman]

Right. So there are three different copyrights then Jeff? So if
you would get the original composition you should be able to
use it?

There are a lot of classical piano books out with the original
compositions if I'm not mistaken.

[Jeff Donald]

I doubt they are the original composition. Modern instruments sound different than the instruments the piece was originally composed for. That's why the modern arrangements are still copyrighted. The music has been rewritten to take into account more current tastes in music.

[Rob Lohman]

I can't imagine a classical piece from Chaikovsky or Beethoven
being rewritten for the piano... But that might ofcourse just be
my lack of experience in that field. I'll see if I can contact a friend
of mine who knows a bit about classical piano music.

[Peter Moore]

"I can't imagine a classical piece from Chaikovsky or Beethoven
being rewritten for the piano... "

Are you kidding??? It's done CONSTANTLY. They're re-written for everything from piano to solo band instruments to marching bands to beginner orchestras.

You can't trust the arrangement unless LVB or whoever's name is the ONLY name credited on the document. Otherwise, it's what I like to call a "canned" or "watered down" arrangement and it's copyrighted (and never as good as the original!!)

So, you need to veryify that the original composition is now in the public domain (check with the Copyright Office, who will tell you the rules and might even be able to tell you for specific pieces), and perform that original composition yourself in the original arrangement, or re-arrange it yourself for your own set-up, and record it yourself, and then you're ok.

BTW, Beethoven's been dead long enough that nothing of his is copyrighted, same with Mozart, etc. The rules are pretty complicated for stuff written before 1978, so you have to check with the LOC Copyright Office.

[Rob Lohman]

Interesting. I can imagine that pieces are rewritten. But I always
assumed that since everybody likes the original so much that this
is what is used most as well when playing. I'm not into classical
music that much, so I don't know. I will check this with the guy
I know since he is really into classical music and a very good piano
player, so who knows! Thanks for the clarifications.