Archive of the former Yahoo!Groups mailing list: The Mellotron Group

Thanks, Fritz. That's the kind of input I was hoping to prompt. Work
for hire contracts have changed quite a bit in the last 30 years. In
other industries it used to literally be that you signed away your
rights when you endorsed the back of the check for deposit. No matter
what standard practices are now, it would seem that a musician
delivering the standard 35 eight second notes for a Mellotron tape set
session would have to grant rights in perpetuity - any attempt at
tracking performance and residual payment would seem to me to be nigh
impossible, which I think is what you stated.
jb


fdoddy@aol.com wrote:

>
>
> Not necessarily true. Accepting a paycheck does not automatically
> relinquish one's rights to future earnings from a recorded
> performance. The type of work must be agreed upon first. "Work for
> hire", which is probably the description of most if not all mellotron
> recordings would typify a buyout in perpetuity of the performance.
> Residual payment can be for the performance of a piece as well as the
> intellectual property.
>
>
> fd
>
>
> -----Original Message-----
> From: john barrick <astroboy@cinci.rr.com>
> To: newmellotrongroup@yahoogroups.com
> Sent: Thu, 21 May 2009 9:10 pm
> Subject: Re: [newmellotrongroup] Rights of Original Mellotron Musicians
>
> David - I know nothing, so what better subject for me to chime in on. I
>
> assume that all rights and claims were relinquished when they accepted a
>
> paycheck for the sessions.
>
>
>
>
>
> djacques wrote:
>
> >
>
> >
>
> > I am sure that this must have been discussed, but I am curious what
>
> > rights the original Mellotron musicians have/had when they recorded
>
> > the original tapes. I also wonder about sections of popular music that
>
> > used actual Mellotron performances (like the beginning Spanish guit
> ar
>
> > run in Bungalow Bill). The guitarist who performed this could say that
>
> > he/she performed on a Beatles song! This is obviously a different
>
> > story than the violinist who played one note for 8 seconds. I would
>
> > not expect these musicians to get credit for the Moody Blues or
>
> > Crimson songs… Where is the line drawn?
>
> >
>
> >
>
>
>
>
>
>
>
> ------------------------------------
>
>
>
> Yahoo! Groups Links
>
>
>
> http://groups.yahoo.com/group/newmellotrongroup/ <http://groups.yahoo.com/group/newmellotrongroup/>
>
>
>
> Individual Email | Traditional
>
>
>
> http://groups.yahoo.com/group/newmellotrongroup/join <http://groups.yahoo.com/group/newmellotrongroup/join>
>
> (Yahoo! ID required)
>
>
>
> mailto:newmellotrongroup-digest@yahoogroups.com <mailto:newmellotrongroup-digest@yahoogroups.com?>
>
> mailto:newmellotrongroup-fullfeatured@yahoogroups.com <mailto:newmellotrongroup-fullfeatured@yahoogroups.com?>
>
>
>
> newmellotrongroup-unsubscribe@yahoogroups.com <mailto:newmellotrongroup-unsubscribe@yahoogroups.com>
>
>
>
> http://docs.yahoo.com/info/terms/ <http://docs.yahoo.com/info/terms/>
>
>
>
> =0 A
>
> ------------------------------------------------------------------------
> At last, a great mobile device for under $50. Take a Peek!
> <http://pr.atwola.com/promoclk/100122638x1222626752x1201458773/aol?redir=http://www.getpeek.com/aol>
>
>