Timeline for Transcribing music and the legality of using musical transcription
Current License: CC BY-SA 3.0
14 events
| when toggle format | what | by | license | comment | |
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| Aug 9, 2021 at 23:28 | comment | added | ohwilleke | The public performance right can be triggered even if the performance is done free of charge. | |
| Aug 9, 2021 at 21:44 | comment | added | supercat | ...buy a mechanical license via automated process if a recording ends up being worth selling, or else having an artist be deterred by the inability to transcribe parts for the performers, and thus never record a piece and never end up giving the composer money from mechanical licensing royalties, I think most composers would prefer to have the recording get produced and receive royalties from it. | |
| Aug 9, 2021 at 21:40 | comment | added | supercat | @DavidSiegel: If a work has been previously released in recorded form, a mechanical license would be available to anyone wishing to seek one. I have never heard of anyone seeking a license for transcriptions for the purpose of producing works for a cover, and none of the sites where one could buy a mechanical license would have any facility for requesting one. Given a choice between having to have a human being read, respond to, and keep track of a request to license a transcription, versus having someone simply produce a transcription and then use the web site to... | |
| Aug 9, 2021 at 21:34 | comment | added | David Siegel | @supercat Nothing in the Mechanical license law 17 USC 115 authorizes a transcription. It might be fair use, or it might not. A future intention to obtain a mechanical license does not grant any rights to anyone. And a mechanical license is only available under specified condition which may ir may not apply.in a particular case. | |
| Aug 9, 2021 at 21:14 | comment | added | supercat | @DavidSiegel: If someone transcribes a piece of music and uses that transcription to record a cover which is licensed under a compulsory mechanical license, no license would be required for the transcription separate from the mechanical license for the cover, and that license would only need to be sought once one had produced a recording that was good enough to be worth distributing. | |
| Nov 8, 2018 at 0:46 | comment | added | David Siegel | This mostly a good answer, but it is not correct that "none of this matters until that moment when money start changing hands. " Transcribing a musical work is still makign a copy, even if it is for personal study and is never sold, or even shared. It might be fair use in the US. It is unlikely to attract a suit even if technically it could. But if someone transcribes and gives away many copies of music now in print, a suit would probably follow. | |
| Dec 5, 2016 at 18:00 | vote | accept | Teiv | ||
| S Oct 12, 2015 at 4:16 | history | suggested | Andrew T. | CC BY-SA 3.0 |
replaced CAPS with suitable *emphasize* formatting
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| Oct 12, 2015 at 2:20 | review | Suggested edits | |||
| S Oct 12, 2015 at 4:16 | |||||
| Oct 7, 2015 at 17:47 | comment | added | dwoz | Philipp...I use the term "somebody" very specifically! It need not be the transcriber. For example, if I produce a sheet music transcription of a popular song I heard on the radio, and put that transcription up on a web page...then it's quite likely that the website is getting revenue from ad banners, which is "someone making money." It's also publishing a copy that potentially pushes the original artist's own transcription off to the side, causing them reduced revenue. | |
| Oct 7, 2015 at 17:31 | comment | added | Philipp | thank you for elaborating. I changed my downvote to an upvote. However, I am unsure about that "money changing hands" part. As far as I understood copyright, it doesn't matter if you violate a copyright for money or for free. | |
| Oct 7, 2015 at 17:15 | comment | added | dwoz | Philipp, the OP's question is quite broad...the full answer would require chapters and chapters. Please understand that I don't have time to offer hours of writing to random internet question-askers who, by the very nature of their question, isn't anywhere near the point where the answer will actually have any monetary impact. | |
| Oct 7, 2015 at 17:11 | history | edited | dwoz | CC BY-SA 3.0 |
add detail for petulant commenter
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| Sep 29, 2015 at 23:54 | history | answered | dwoz | CC BY-SA 3.0 |