• Advertisement
Sign in to follow this  

Copyright if the Singer sit in jail (long time)

Recommended Posts

Hello everyone.

In my computer game, I want to use the music of well-known authors, but I would like to learn more about whether the performers are losing copyrights to their songs if they are in prison. A few popular artists I want to use are now serving long prison terms (25 years or more).
 
In fact, their labels and music companies abandoned these artists, therefore, music is available for free use?
 
Does anyone have a similar experience? Will there be any problems if I use this music based on the words above, if a label or the author suddenly pops up?
I will say frankly, I'm not afraid of legal proceedings, I'm just curious how serious everything can become.
 
[attachment=35998:johnny-cash-finger-2.jpg]]

Share this post


Link to post
Share on other sites
Advertisement

No, being in prison won't affect the copyright. In fact, for most music you hear, the relevant copyrights won't be owned by the artist, but by their record label and/or publisher, who presumably are not in jail.

Share this post


Link to post
Share on other sites

You really don't own shit as the musician unless you self publish. So as Kylotan said you will have to talk to the publisher about licensing. 

Share this post


Link to post
Share on other sites
So, how I can understand, what label is an owner of musicians I need?
And, can label shut off the contract with criminal musician, or label become an absolute owner of this songs, no metter of situation with contract?

Share this post


Link to post
Share on other sites

For a given track, find the album on Wikipedia, or Musicbrainz, or Google, or the album sleeve notes. These things are generally public knowledge. For certain types of license you would usually go via a licensing agency, but for video games it can be more complex, and is likely to be expensive.

Share this post


Link to post
Share on other sites

I don't want to pay them=)))
What problem I should expect, if I will use unlicensed music?
Can they take away (steal) my game?

___

Upd: Damn, Im understand that I was wrong, stop make my rating worse!)

Edited by LoverSoul

Share this post


Link to post
Share on other sites

I don't want to pay them=)))
What problem I should expect, if I will use unlicensed music?
Can they take away (steal) my game?

They can take away not just your game, but also your car and the shirt you're wearing. If you use unlicensed music, even more so if you do it after publicly stating that you are aware there might be a problem (which makes things worse for you), it's you who is "stealing" (by legal terms, it's not stealing, but it boils down to the same thing). Your only hope of getting away with this is that you and your game are so unimportant that nobody notices. In ever other case, you're lost.

Share this post


Link to post
Share on other sites
Damn, your american laws are auful. Where is your spirit, where is callenge, where is "f@ck the system" things? Are you independent developers or not?... You piss me off, I'm disappointed.
I don't mean "steal my game" as stealing, I just can't find another word to explain my message, because English is not my 1st language.
Anyway, I understand, will keep it in mind.

Share this post


Link to post
Share on other sites
I understand your position, and I'm respect creative property, but in this situation the creator will not get any cent from me, because he sit at the prison.
I don't truly understand, if singer do some sh@t and get in prison, if all record companions say to this singer: "f@ck you" and kick his ass out, why I must pay some crazy money to sound corporation, which stop working with this singer years ago. Maybe now this singer don't have any copyright at all, this is what I'm try to understand.

Share this post


Link to post
Share on other sites

The point made here "The singer, likely doesnt have the copyright", because usually it is the Record label that owns the copyright to the song, which means regardless of if the singer is in jail, dead or still touring / writing songs. The Record company owns those songs ... so you arent paying the artist, you are paying the company that owns them.. Even if the guy who sang the song is in jail... it doesnt impact the legal rights of the Company that owns the song, and they can and may indeed sue.. which is then just costly, so best to avoid by getting permission.

Share this post


Link to post
Share on other sites
Okay, another way...
Can you help me find, who is an copyright owner of, for example, Gary Glitter songs?

Last thing I asked, then I will stop wasting your time.

The point made here "The singer, likely doesnt have the copyright", because usually it is the Record label that owns the copyright to the song, which means regardless of if the singer is in jail, dead or still touring / writing songs. The Record company owns those songs ... so you arent paying the artist, you are paying the company that owns them.. Even if the guy who sang the song is in jail... it doesnt impact the legal rights of the Company that owns the song, and they can and may indeed sue.. which is then just costly, so best to avoid by getting permission.


Okay, now I'm understand, this is not truly honest, but okay, if this is the rules, I will play. Thanks you, man)

Share this post


Link to post
Share on other sites

But just to be clear, even if the singer did own their own copyrights, perhaps because they self-released the music, then those rights would still be theirs - being in prison doesn't automatically void all rights. It's certainly possible that some jurisdictions might revoke copyrights for prisoners, but I've never heard of one that does; not surprising given that copyright (or at least some hypothetical implementation of it) is covered in the UN Universal Declaration of Human Rights, article 27.


Gary Glitter songs on MusicBrainz, as I mentioned earlier. https://musicbrainz.org/artist/5e05d900-51e0-4dda-81e2-f4c0bd7ed5e6

Share this post


Link to post
Share on other sites


Damn, your american laws are auful. Where is your spirit, where is callenge, where is "f@ck the system" things? Are you independent developers or not?... You piss me off, I'm disappointed.
I don't mean "steal my game" as stealing, I just can't find another word to explain my message, because English is not my 1st language.
Anyway, I understand, will keep it in mind.

This is not just the american copyright laws. This is covered by international copyright treaties and conventions, and is accorded by most of the countries in the world:

335px-Berne_Convention_signatories.svg.p

 

And this is a great and good thing for creators.

Share this post


Link to post
Share on other sites

You could just wait. AFAIK 50 years after the recording music become public domain. Not sure about details and how this applies here.

Share this post


Link to post
Share on other sites

You could just wait. AFAIK 50 years after the recording music become public domain. Not sure about details and how this applies here.

 

Noooooope. I'm actually not even sure what you're trying to say here. Copyright is life of the author +70 years or 120 years from creation for anonymous works. Generally. Very, very generally. Determining copyright duration is a legitimate exercise in extreme patience and anal retentiveness, but this may help. 

 

http://copyright.cornell.edu/resources/publicdomain.cfm

Edited by monalaw

Share this post


Link to post
Share on other sites

 

You could just wait. AFAIK 50 years after the recording music become public domain. Not sure about details and how this applies here.

 

Noooooope. I'm actually not even sure what you're trying to say here. Copyright is life of the author +70 years or 120 years from creation for anonymous works. Generally. Very, very generally. Determining copyright duration is a legitimate exercise in extreme patience and anal retentiveness, but this may help. 

 

http://copyright.cornell.edu/resources/publicdomain.cfm

 

 

Sorry - i'm no business / laws guy. 

But i remember from working at a record company: If the recording was dated 50 years back my company legally sold CDs (e.g. Elvis Presley, Louis Armstrong, Frank Sinatra) without paying (any?) usual fees / licenses.

I don't know if that 'public domain' declartion covered anything involved (composition, lyrics, arrangements, musicans...).

Maybe reselling that music was just cheaper than usual but not completely free.

Maybe it covered only exceptions like live recordings or recordings not done by the original record company, dead Artists, my company was EU, or other special cases i'm not aware of.

Edited by monalaw

Share this post


Link to post
Share on other sites

 

 

You could just wait. AFAIK 50 years after the recording music become public domain. Not sure about details and how this applies here.

 

Noooooope. I'm actually not even sure what you're trying to say here. Copyright is life of the author +70 years or 120 years from creation for anonymous works. Generally. Very, very generally. Determining copyright duration is a legitimate exercise in extreme patience and anal retentiveness, but this may help. 

 

http://copyright.cornell.edu/resources/publicdomain.cfm

 

 

Sorry - i'm no business / laws guy. 

But i remember from working at a record company: If the recording was dated 50 years back my company legally sold CDs (e.g. Elvis Presley, Louis Armstrong, Frank Sinatra) without paying (any?) usual fees / licenses.

I don't know if that 'public domain' declartion covered anything involved (composition, lyrics, arrangements, musicans...).

Maybe reselling that music was just cheaper than usual but not completely free.

Maybe it covered only exceptions like live recordings or recordings not done by the original record company, dead Artists, my company was EU, or other special cases i'm not aware of.

 

 

 

Aaaaaah I've heard of that: http://www.nytimes.com/2013/12/12/arts/music/european-copyright-laws-lead-to-rare-music-releases.html

 

From my understanding it applies to unreleased music by artists-- if it's not exploited (published) within a particular time frame, the record label would lose rights to release. 

Edited by monalaw

Share this post


Link to post
Share on other sites

You really don't own shit as the musician unless you self publish. So as Kylotan said you will have to talk to the publisher about licensing. 

and assuming they've turned a blind eye to the artists, chances are they don't want their music to show, as it would reflect back on them, which, presumably, they're hoping to avoid remembering anyone they were in business with the artist.

 

Sounds like a doomed approach, sorry.

Share this post


Link to post
Share on other sites

Musicians that are signed to smaller labels (or are not signed up with any) can often do custom music relatively cheaply. Even those who have signed with a bigger label but who have been dropped may be able to do some work, which gets them more money than whatever the big label provides.

It may not help with the "I want it for free" people, but I've worked with several over the years to get some great music for very little money.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

Sign in to follow this  

  • Advertisement