A respected presence in the New York media and entertainment law sphere, Steven C. Beer is an attorney with Franklin, Weinrib, Rudell & Vassallo. Since 2012, Steven C. Beer has handled a number of complex cases with the firm, including several that centered on music licensing and fair use permission.
One question addressed in a 2017 Documentary Magazine article discussed whether recordings of music that was composed more than century ago and is in the public domain can be used by filmmakers without permission. The short answer is “virtually never,” as copyrights include both the musical composition, which can be notated using sheet music, and the sound recording, which is a specific performance of the piece.
An underlying musical piece may have entered the public domain in the United States, but this does not mean that an artist’s later interpretation of that piece is accessible without first obtaining the rights. Taking a specific recorded symphonic, band, or vocal performance and using it will most likely infringe on US copyright law. What is perfectly acceptable is to commission or record one’s own performance of the public domain piece, which can then be used however one likes.
One question addressed in a 2017 Documentary Magazine article discussed whether recordings of music that was composed more than century ago and is in the public domain can be used by filmmakers without permission. The short answer is “virtually never,” as copyrights include both the musical composition, which can be notated using sheet music, and the sound recording, which is a specific performance of the piece.
An underlying musical piece may have entered the public domain in the United States, but this does not mean that an artist’s later interpretation of that piece is accessible without first obtaining the rights. Taking a specific recorded symphonic, band, or vocal performance and using it will most likely infringe on US copyright law. What is perfectly acceptable is to commission or record one’s own performance of the public domain piece, which can then be used however one likes.
