FINDING license holders....

Isaac

What kinds of licenses?

cw

a license for a musician who is dead.  i don't know who owns the rights, but i was hoping someone would know a website where you can figure out who owns rights to what.  

JimIvey

Hopefully one of the copyright guys will give you the specific details, but here's a short unspecific answer.

If the artist has been dead long enough, you don't need anyone's permission -- the work is in the "public domain."  The public owns it and is free to use it.

If the artist hasn't been dead long enough, somebody owns the copyright.  Most musicians have their copyrights owned by a recording studio or lumped in with many other copyrights in a huge licensing consortium like ASCAP or BMI.  I'm not sure I'd trust them to answer honestly if you ask whether they own a given copyright.  For example, they might claim to own the copyright to Beethoven's 5th (it's really in the public domain).

If the copyright isn't there, it's probably with some descendent of the artist.  Tracking that down is nearly impossible.  The best way to find out who owns it is to use the music and see who sues you.  Well, talk to a real copyright attorney before actually doing that.

FWIW, there have been a number of suggestions to make finding the owner easier, but none have been adopted so none will help you.

Incidentally, the "specifics" someone else can help with (hopefully) is how long is long enough from the artist's death.  Copyright term keeps changing (growing, actually), from something like 14 or 27 years originally to where it is now: no copyrights currently in force expire until Disney is done with "Steamboat Willie" -- I suspect a comet will hurl into the earth and/or we'll have another ice age before that happens.  So the chart of exactly when a copyright expires mapped out against when the copyright was created can get a little complex.

Regards.

chleoch...

thanks so much for you reply!  the artist is sid vicious, and i wanted to use his name and picture on something.  do you still think it is public domain?  

JimIvey

I sincerely doubt Sid Vicious's work is in the public domain.  He's far too recent.  The good news is that it should be easy to find his copyright owner.

Pick up a CD jewel case of his music.  Look on the back at the bottom.  I just picked one up off my desk (Fishbone: Truth and Soul, if you're curious which one) and it says: "(C)/1988 CBS Records Inc./(P) 1998 CBS Records ..." yadda yadda yadda ... with a mailing address.  There ya go.

Good luck!

JimIvey

Quote

Isaac

To use a photograph of someone you have to deal with both the copyright in the photograph and with the right of publication of the likeness of the person. ?The duration of publication rights after death is something that varies from state to state. ?For example, Indiana extends such rights to 100 years after a persons death. ?You may have to negotiate with the estate holders for the Vicious, or with someone else to whom one or more rights have been transfered.

chleo116

Wouldn't the information on the CD Jewel Case only have information for the group as a whole?  It sounds like a good place to start though.  If you think of anything else, let me know!  Thanks again!!!

This1wo...

We are looking for a contact to help us become officially licensed with  NFL properties (in conjunction with othr licesee, or direct).  Our company has already produced NFL logo products for the NFL, with their knowledge and permission ,via third parties on a one time basis.  Other people ask us to reproduce the products for them but we haven't because we have to be legal about it. It is not a mass market item.  Any email contacts for NFL Properties, or Official NFL licensees would be greatly appreciated.