will there be a live dvd / cd

[kansas666]

As some people here seem to think...aren't the rules different for video?

[Monker]

http://www.alankorn.com/articles/joint_authors.html

The relevant bits:

IF I CO-WRITE A SONG WITH MY BANDMATES AND LATER QUIT, CAN I
STOP THE BAND FROM PERFORMING OR RECORDING THAT SONG?

Not really. Because each author is considered the co-owner of a joint work, the other co-writers can continue to record and perform the work without your permission (as long as they account to you for your share of any income earned). Of course, you can also record and perform this song without their permission as long as you account to the other writers. These co-authors can also license the song to others on a non-exclusive basis as long as they account to you for any income received, but they cannot enter into any exclusive publishing or administration deal concerning this song without your written permission.

Exactly....I didn't think he could stop it.

Now, there could be something in the lawsuit settlement that changes this...But, I doubt it.

[StyxCollector]

http://www.alankorn.com/articles/joint_authors.html

The relevant bits:

IF I CO-WRITE A SONG WITH MY BANDMATES AND LATER QUIT, CAN I
STOP THE BAND FROM PERFORMING OR RECORDING THAT SONG?

Not really. Because each author is considered the co-owner of a joint work, the other co-writers can continue to record and perform the work without your permission (as long as they account to you for your share of any income earned). Of course, you can also record and perform this song without their permission as long as you account to the other writers. These co-authors can also license the song to others on a non-exclusive basis as long as they account to you for any income received, but they cannot enter into any exclusive publishing or administration deal concerning this song without your written permission.

Exactly....I didn't think he could stop it.

Now, there could be something in the lawsuit settlement that changes this...But, I doubt it.

Performing and recording are really the same thing. Releasing a DVD sync'd to audio is another. We've been over that a million times. But DDY can't stop them, for example, from doing "Come Sail Away" every night.

[StyxCollector]

As some people here seem to think...aren't the rules different for video?

As posted in the other thread, the law is different for synchronizing video to audio. For releasing a CD you need just a plain mechanical license unless it's a sample, which then would need a master use license. From Harry Fox (who does mechanical licenses):

A synchronization license is a written authorization to use recorded music in combination with visual images such as film, television, video, websites, and the like.

HFA discontinued synchronization licensing services in 2002. However, you may secure synchronization rights by contacting the publisher directly. You can use the following databases to locate publisher information:

http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
http://www.copyright.gov/

From ASCAP, bold mine:

ASCAP does not license the right to record music on a CD or tape or as part of a multi-media or an audio-visual work such as a motion picture, video or television program. Those rights, known in the music industry as mechanical and synchronization(or "synch") rights, are licensed by writers or publishers.

There is NO debate on this. The law is black and white.

This law has nothing to do with Styx being able to perform Dennis songs. They can do that to their heart's content.

[Toph]

People are correct - DDY did put cowritten songs on his DVD (Lorelei, RTP) - but those had already been released on DVDs previously under Styx. Allan/Sterling and those in the know - is this a one time approval? - so if the song has been approved once by the songwriter to be put on a DVD format, then its good to go for all instances in the future? Or is EACH time the song appears in that format. If it is the former, then many of the songs could probably end up on a DVD - GI, CSA, CW for one since Styx/DDY have put them on DVDs in the past.

Or if it is the other scenario and just one of the co-writers has to agree to put it on a DVD then you would get QoS on there, but you wouldn't get I'm Okay, CW, CSA, GI, GF, Po8, Lords of the Ring on there at all. If those songs are missing off a DVD then why bother to put it out under a GI/Po8 moniker.


Or how about this deal? - DDY lets them put this on their DVD and they let him come back for one final massive reunion tour and album package in 2012 or 2013 and then everybody calls it quits from Styx and does their own thing.

[StyxCollector]

People are correct - DDY did put cowritten songs on his DVD (Lorelei, RTP) - but those had already been released on DVDs previously under Styx. Allan/Sterling and those in the know - is this a one time approval?

It is a per-use deal. If you grant permission for one release, it is just for that release (which may include - and I don't know for sure - things like compilations which could reuse that version which has permission).

Or if it is the other scenario and just one of the co-writers has to agree to put it on a DVD then you would get QoS on there, but you wouldn't get I'm Okay, CW, CSA, GI, GF, Po8, Lords of the Ring on there at all. If those songs are missing off a DVD then why bother to put it out under a GI/Po8 moniker.

Hence the gnashing of teeth. Copyright law isn't ambiguous on this matter despite what people want to believe.