The Mudcat Café TM
Thread #150112   Message #3496019
Posted By: GUEST,Calum
28-Mar-13 - 01:40 PM
Thread Name: The legalities of music publishing
Subject: The legalities of music publishing
(I'm not sure if I've posted this twice. If so, apologies!)

Hi all,

I'd appreciate any guidance those who have trodden a similar path might be able to give. First, the backstory.

In 1971, or close enough, someone (we'll call him Duncan, for that was his name) published a book of tunes, partly his own compositions, partly his own settings of traditional tunes, and partly tunes written by other people.

The publisher screwed him over somewhat, refusing to pay royalties or allow him to republish after it went out of print. Karma intervened in a minor way and the publisher was wound up in 1991. At this stage, nobody has any of the legal documentation pertaining to the publisher and their dealings with anybody. Duncan died in 1999.

I would now like to republish this book, ideally via a self-publishing service like Lulu or similar, on a non-profit basis (to cover expenses and some charitable donations). Duncan's son is the holder of the copyright of Duncan's tunes and arrangements, and he is happy to give his permission for the project.

Now, questions!

What are the legal necessities (in the UK) of doing this? Of course at a minimum I need to get permission from other contributors. What about tunes subsequently republished elsewhere? Do I need their publishers permissions? Do I pay statutory royalties in the same way as recordings? If I can't trace a copyright holder (many are dead and buried), would it be reasonable to include their work and accumulate a reserve in case they subsequently show up? What else have I not thought of?