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1905 music recording. Do I need Permission?

Discussion in 'General Filmmaking Discussion' started by Sauro, Apr 18, 2019.

  1. Sauro

    Sauro New Member

    Hi,
    Copyright law. My head has exploded.
    I found a song recorded in 1905 from archive.org that I would love to incorporate into my student film.

    https://archive.org/details/78_when-the-circus-comes-around_cal-stewart_gbia0017078b

    I've read so much conflicting stuff. Most Classical music is supposed to be free from copyright, but I’ve seen a sight in the UK that wants 550 euros for a licence and another site where you can download a recording of the same music and use it free, for any commercial purpose.

    I think understand that music (in the USA) published before 1923 (first Authorised publication), is more than likely in the public domain.
    I understand the story with “Happy Birthday” published in 1912 and 1915 but apparently unauthorised until published in 1935.

    The music I want to use is authorised (fixed). It was published by Columbia Records in 1905. Also, the composer and performer have been dead for more than
    70 years.

    My question is,

    Can I just slot this into my film along with appropriate attribution and be done with it?
    Do I need some kind of licence or permission from Columbia Records (Now Sony, I presume)?
     
  2. lisamay

    lisamay New Member

    I need you should get permission or license according to local laws. If it is available at royalty free place at CreativeCommons, then you will need to get CreativeCommons license. In my opinion, it would be a bad idea to proceed without permission.
     

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