Roger W. Norman
08-27-2003, 09:07 AM
We all know about works for hire and musician's rights to anything if they
are working under that auspices and you've paid them for their work. But my
question is a little more involved.
Our local jazz festival has placed an onus on the headlined talent to get
permission from all the "paid" musicians before a live concert can now be
released, even if all references to the festival are edited out. Now my
"paid" statement is that for certain co-stage rooms, musicians are provided
to the local vocal talent, generally playing standards, etc., and I'm not
talking about if they have their band scheduled as a headliner for the room
and me releasing their work without their approval. So group A might be
three disparate "for hire" musicians supplying a rhythm section for a
vocalist. Or Group A could be a known group still doing "for hire" work
behind a local talent. But nowhere am I concerned about Joe Blow's Quintet
when it is indeed headlining as Joe Blow's Quintet. Just Madame X singing
with the backing of musicians that normally otherwise would be making up the
band called Joe Blow's Quintet.
So my question is, other than a courtesy to the musician, who's playing a
"work for hire" gig, is there any legal determination that one get approval
to use that musician's performance? I mean, this isn't about credit for the
work. That goes without saying, but I mean a legal requirement that a
musician have approval over whether a product can be released. Seems like a
lot of protection for a musician in a work for hire situation. I wouldn't
think a third seat sax player on a Frank Sinatra record would have had final
say over whether Frank could release the recording.
An addendum to this is that, yes, I suppose it's possible that whatever
these "for hire" musicians sign to be a part of the festival probably gives
them something of this approval thing, but if that's so, and I don't know
it's not, then wouldn't it just be simply a matter of me having each set of
musicians sign a statement that admits they are "for hire" and have no final
say over release of any performance they may play upon? Again, I'd
gaurantee credit, but final say is just too much for a musician that might
be playing 5 sets with 5 different headliners over a particular night.
Don't get me wrong, I have my own opinions on the matter, but I want either
backup or debunking because not only could it adversely effect my client,
but it would then adversely effect my business and some of my reason for
working so fricking hard on these festivals.
--
Roger W. Norman
SirMusic Studio
Purchase your copy of the Fifth of RAP CD set at www.recaudiopro.net.
See how far $20 really goes.
are working under that auspices and you've paid them for their work. But my
question is a little more involved.
Our local jazz festival has placed an onus on the headlined talent to get
permission from all the "paid" musicians before a live concert can now be
released, even if all references to the festival are edited out. Now my
"paid" statement is that for certain co-stage rooms, musicians are provided
to the local vocal talent, generally playing standards, etc., and I'm not
talking about if they have their band scheduled as a headliner for the room
and me releasing their work without their approval. So group A might be
three disparate "for hire" musicians supplying a rhythm section for a
vocalist. Or Group A could be a known group still doing "for hire" work
behind a local talent. But nowhere am I concerned about Joe Blow's Quintet
when it is indeed headlining as Joe Blow's Quintet. Just Madame X singing
with the backing of musicians that normally otherwise would be making up the
band called Joe Blow's Quintet.
So my question is, other than a courtesy to the musician, who's playing a
"work for hire" gig, is there any legal determination that one get approval
to use that musician's performance? I mean, this isn't about credit for the
work. That goes without saying, but I mean a legal requirement that a
musician have approval over whether a product can be released. Seems like a
lot of protection for a musician in a work for hire situation. I wouldn't
think a third seat sax player on a Frank Sinatra record would have had final
say over whether Frank could release the recording.
An addendum to this is that, yes, I suppose it's possible that whatever
these "for hire" musicians sign to be a part of the festival probably gives
them something of this approval thing, but if that's so, and I don't know
it's not, then wouldn't it just be simply a matter of me having each set of
musicians sign a statement that admits they are "for hire" and have no final
say over release of any performance they may play upon? Again, I'd
gaurantee credit, but final say is just too much for a musician that might
be playing 5 sets with 5 different headliners over a particular night.
Don't get me wrong, I have my own opinions on the matter, but I want either
backup or debunking because not only could it adversely effect my client,
but it would then adversely effect my business and some of my reason for
working so fricking hard on these festivals.
--
Roger W. Norman
SirMusic Studio
Purchase your copy of the Fifth of RAP CD set at www.recaudiopro.net.
See how far $20 really goes.