Legal Question in Consumer Law in Missouri

Copywrite

Our Band Booster Club at our High School had the idea of taping a live concert by the Symphonic Band and Jazz Band at their school performance and then selling the copies as a fundraiser. Since we have already purchased our sheet music, is this infringing on any copywrite laws?


Asked on 11/22/06, 12:58 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Copywrite

There are two issues here. The band will have a "performance copyright" on its production. However, the purchase of the sheet music, without the express licensing of the work for performance and reproduction, does not permit you to sell the works without obtaining a license from BMI-ASCAP or some similar licensing entity.

Of course, if the music itself is in the public domain (a waltz by Strauss, a piano concerto by Chopin, etc.) then no license or copyright release would be necessary. However, if you were performing the Emperors March by John Williams from Star Wars, then you would likely need to purchase a license. Many times these licenses are fairly inexpensive and are acquired for a set fee. Your band should probably retain an intellectual property attorney before taking action on this plan. Many such attorneys will do this kind of work pro bono for such a good cause.

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Answered on 11/27/06, 11:02 am


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