Frottola wrote:
OmiGroin wrote:
Dear goku4u,
Wow.
Not all music involves making "beats." The issue in both of my previous posts has nothing to do with "beats." Some people write down their music using dots on this funny paper with lines on it, so that others can perform it. This does not just apply to the drums. Accordians, violins, and band-saws can all be played using "sheet music." The people who play these instruments are all not neccessarily me, so I enlist the help of other "performers" to play what I have written. The music is still mine, but they helped by playing some of the parts. For helping, they have a right to get credit/money for the part they helped on. I ask them to let me use what they helped record without giving them money everytime the music is played somewhere.
This is similar to what Adult Swim is asking all of the "composers" to agree to on that legal form. HOWEVER, if someone turns in a recording that other people helped on by playing for the recording, but the composer DIDN'T get permission from those players to turn in the music to a contest or public performance, the player might be able to sue.
This is somewhat complicated, but it has nothing to do with using someone else's copyrighted "beats" or samples.
Okay, wow, you need to freak out less. I "compose" for a living as well (i.e. black dots on paper), but I would never consider worrying that my performers would sue me. If anything they're going to be happy that they're being broadcast across the country to hundreds of thousands of listeners. It is an understood part of being a performer that when you play a gig (or a recording), that it is the whim of whoever was in charge (or who signed the paycheck) that they can do more-or-less anything they want to with the music. If your musicians are threating to de-friend you or something if you go under some light contract with Turner, then you need some different musician friends that are in music for the right reasons.
Save the warm fuzzy goodwill and "right reasons" garbage for your lawyer.
Page 3 of the Agreement, Paragraph 6, subparagraph d) states that,
"Submitter hereby represents and warrants that:
No persons other than those signing below have collaborated with Submitter in CREATING the Material, nor do any persons other than those signing below have any rights in such Materials inconsistent with Submitter's agreement hereunder."
Now, as I understand it, "the Material" means the recorded tracks, not just the composition itself. So, a performer that played on the recording could be understood as being a collaborator in the creating of the Material. Therefore, if every performer on the Material hasn't signed the Agreement, you have falsely represented yourself on the Agreement.
So, finally, that's how I'm interpreting the Agreement. Every person that played on the Material MUST SIGN THE AGREEMENT.
My question for the ADULT SWIM PERSON WHO READS THIS FORUM is, am I correct in the above interpretation of the Agreement? Some of my recordings are old, and I have no contact with the performers. I cannot get signatures from all of the performers, but I own and am sole possessor of these recordings. Can they still be submitted?
everyone else, please ignore this post and go about your day without a care in the world, knowing one day you and everyone you love is going to die.
*heart*
johnny
AdultSwim.com is part of Turner Entertainment Digital which is part of the Turner Sports & Entertainment Digital Network.
