Dear Carlton:
You might also find something which could work over at the Internet Archive's audio area: http://www.archive.org/details/audio Lots of open source and out of copyright music available!
Best,
~Perian
________________________________
From: Museum discussion list on behalf of David Harvey
Sent: Mon 3/30/2009 3:29 PM
To: [log in to unmask]
Subject: Re: [MUSEUM-L] iTunes and mp3 usage
Carlton,
This issue concerning the use of music and rights has come up often on the Museum List for well over a year now. Most of the previous concerns were due to an aggressive campaign by BMI and ASCAP, the two major national music licensing companies, who were sending out form letters to many museums with notice about paying fees for using licensed music.
Basically, a work is considered automatically copyrighted when it is created and rendered into a tangible form - this can include a digital file, a CD, or a written score. The work is the property of the creator unless it has been expressly a work for hire. Many folks in the museum community cite the "Fair Use" clause to US Copyright law. "Fair Use" was intended for Libraries and Universities and it is not at all clear if it can legally apply to a non-profit museum.
And even if you are using a short clip from a song you are still using it. If you charge admission at the door, or charge extra for the audio-tour then the use of the song can be seen as being part of a commercial transaction.
You can use songs and music that are in the public domain. This means that the copyright has expired on those pieces - so they are usually over 100 years old. You can use music if the artist has placed it in the public domain, such as in creative commons, but there may well be restrictions again if you charge admission or fees, and there is usually a requirement for rights notification.
What I recommend, so that you are entirely clear of all this, is to find a local independent musician to create some music for you - either with a piece they have already written or something they could compose. You could work this out for a low fee or for credit printed in some exhibit labeling or literature. Just make sure that they state their permission for use in writing. I strongly encourage such collaborations because some amazing things can result.
Cheers!
Dave
David Harvey
Conservator
Los Angeles CA
On Mon, Mar 30, 2009 at 10:53 AM, Carlton Farmer <[log in to unmask]> wrote:
I am working on an audio tour and was wanting to use some music in the background. Visitors would not be able to download the songs. The songs wouldn't even be used in their entirety, just excerpts. Does anyone have any idea what the rights issues would be?
Carlton
Carlton Farmer
America I AM: The African American Imprint
www.americaIAM.org <http://www.americaiam.org/>
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