*Note that the information contained on this page does not constitute legal advice or interpretation, but rather MFLN’s understanding of applicable law.
MusicFromLastNight.com (MFLN) and its affiliates record music performed my musicians and other artists. In such recordings, artists perform using their own creative talent and thus obtain a statutorily-granted copyright interest in the sound recording. In many circumstances, artists perform together, and in such a recording, each artist is a joint owner of the copyright interest in the recording with the other artists who performed and produced the recording. This interest is independent of the underlying music upon which the recording is based (for instance, Duke Ellington owns “Satin Doll,” while the musician who performs the work owns the recording). In order to transfer the copyright interest, (and thus allow MFLN to distribute the recording on its website), each artist with joint ownership must consent in writing.
MusicFromLastNight.com asks artists to assign their copyright in these recordings so that we can distribute copies of authorized recorded performances without violating federal Copyright law. In exchange, we give artists royalties for the sales of the recordings. MusicFromLastNight.com specifies the terms of this agreement in a written agreement with every musician that we record. We keep copies of these agreements and provide copies to certain people who require them (for instance, Google will not let us advertise unless we present them with written evidence that we have permission to distribute the recordings).
Artists do not assign to us any interest in the underlying musical work (the composition). We ask only for a license to distribute the recording on the website. Thus, in the case of an original work of authorship, any public performance outside the website requires payment to the owner of the work, not MusicFromLastNight.com.
However, MusicFromLastNight.com assumes responsibility for the duplication of the musical work represented on the sound recordings that we have created and thus any applicable required licensing. MFLN will also provide each artist who participated in the recording with a download code that will enable the artist to download a copy of this performance at MusicFromLastNight.com.
When MusicFromLastNight.com simply distributes recordings that we did not record, we require the copyright owner to grant us a license to distribute the recordings. In such a case, the copyright owner of the sound recording on the record is responsible for compensating the owner of the musical work upon which the recording is based.
|
