The Mellotron Group

>
>
> 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 guitar
> 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?
>
>

>
>
> 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>
>
>

--- In newmellotrongroup@yahoogroups.com, john barrick <astroboy@...> wrote:
>
> 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@... 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@...>
> > 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>
> >
> >
>

>
>
> Weird! I was just wondering about that. Thanks for letting me know.
>
> Frank
>
> In a message dated 5/23/2009 6:07:39 P.M. Eastern Daylight Time,
> feline1@feline1.co.uk writes:
>
> It was decided that this just wasn't fair, and people such as the
> tambourine player on Gloria Gaynor's "I will survive" finally got
> some royalties in the end :)
>
>
> ------------------------------------------------------------------------
> **

--- On Thu, 5/21/09, djacques <djacques@csulb.edu> wrote:

From: djacques <djacques@csulb.edu>
Subject: [newmellotrongroup] Rights of Original Mellotron Musicians
To: newmellotrongroup@yahoogroups.com
Date: Thursday, May 21, 2009, 8:56 PM

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 guitar 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?