The Mudcat Café TM
Thread #166031   Message #3988886
Posted By: Howard Jones
24-Apr-19 - 06:27 AM
Thread Name: Making folk club recordings available
Subject: RE: Making folk club recordings available
Artists retain copyright in their performance (entirely separate from any copyrights on the material they perform) so strictly speaking you would need consent from everyone on the recording.

Where guests are concerned you had told them this was for personal use, so you would definitely have to get their consent to use it for something different.

Where floorsingers are concerned it was probably reasonable for them to assume this was for personal use, and again their consent would be needed.

You might also need to sort out copyright on the songs themselves.

Of course you could publish and be damned! Would anyone be bothered about enforcing it? Hard to say - professionals might not be happy about it, and even floorsingers might not want to see their efforts broadcast to the world, especially if they feel they don't now reflect their current abilities. Others might not be bothered. If you tell people you are willing to remove material on request that might help.

Another point to consider is that most platforms require you to own the copyright of material you post, or at least have consent, so you might run into problems with them. Where the songs are copyright you might get objections from the publisher (see the separate thread about Youtube).

In many respects this is a pity, because these archive recordings are probably of considerable interest, especially to those who attended the club, and more widely where they include notable performers who are no longer with us, or whose official recordings have been Bulmerised.