Owning something amazing but burdening
July 3, 2015 7:17 AM Subscribe
I have the only known master copy of an unreleased song by a very famous recording artist. What do I do with it?
I recently inherited the only master copy of a never-released song by a very famous, historically revered musical artist. The song is on a reel-to-reel tape and it is currently sitting in a safety deposit box. For reference’ sake, let’s say the artist is Elton John – this artist has had a similarly storied, successful career, and is currently alive.
I inherited it through my father, who did some poking around and apparently got a verbal affirmative from the artist’s management company that they are aware that the recording exists somewhere but they do not have an original. A clip was played for them from the reel-to-reel and they immediately identified it.
I have no idea what to do with this thing. The general advice from those that know about it is to wait until the artist dies, and then… do something with it. (Probably ~20 years from now.) I’m not opposed to trying to make a deal with their current management while the artist is still alive, but I really have no idea how to go about this.
Secondary issue - I only know a little back story on how my father came to be in possession of it. I know it was not stolen, or anything else nfearious, but I can't produce any sort of proof of ownership or explain throughly why he had it for so many years. It's just mine now.
Do I find a lawyer? If so, what kind of lawyer? Do I insure the thing? If so, how do I go about that?
Any general advice on what I should do with it, either now or later on? I do want people to be able to enjoy the song; it’s a great tune that exemplifies the sound of this particular artist- it has all the hallmarks that people enjoy about their music. But being a not-particularly-wealthy human being, I also do want to make money from its sale/release- sorry for those that were hoping I might just put it out as a free mp3 for the world to hear, but some monetary gain is part of the goal.
I recently inherited the only master copy of a never-released song by a very famous, historically revered musical artist. The song is on a reel-to-reel tape and it is currently sitting in a safety deposit box. For reference’ sake, let’s say the artist is Elton John – this artist has had a similarly storied, successful career, and is currently alive.
I inherited it through my father, who did some poking around and apparently got a verbal affirmative from the artist’s management company that they are aware that the recording exists somewhere but they do not have an original. A clip was played for them from the reel-to-reel and they immediately identified it.
I have no idea what to do with this thing. The general advice from those that know about it is to wait until the artist dies, and then… do something with it. (Probably ~20 years from now.) I’m not opposed to trying to make a deal with their current management while the artist is still alive, but I really have no idea how to go about this.
Secondary issue - I only know a little back story on how my father came to be in possession of it. I know it was not stolen, or anything else nfearious, but I can't produce any sort of proof of ownership or explain throughly why he had it for so many years. It's just mine now.
Do I find a lawyer? If so, what kind of lawyer? Do I insure the thing? If so, how do I go about that?
Any general advice on what I should do with it, either now or later on? I do want people to be able to enjoy the song; it’s a great tune that exemplifies the sound of this particular artist- it has all the hallmarks that people enjoy about their music. But being a not-particularly-wealthy human being, I also do want to make money from its sale/release- sorry for those that were hoping I might just put it out as a free mp3 for the world to hear, but some monetary gain is part of the goal.
The physical tape may be yours, but the music almost definitely isn't. Take advice from an IP lawyer, not random people on the internet.
posted by scruss at 7:25 AM on July 3, 2015 [52 favorites]
posted by scruss at 7:25 AM on July 3, 2015 [52 favorites]
I'm not a lawyer, but ... shouldn't you ask the ARTIST what he/she would like done with this recording? Given that they're still alive, and the works is theirs, it seems like the polite and honorable thing to do. Contact their managing company again and ask to be put in contact with the artist.
posted by The otter lady at 7:38 AM on July 3, 2015 [7 favorites]
posted by The otter lady at 7:38 AM on July 3, 2015 [7 favorites]
I could suggest a good IP/Music lawyer who could give you some advice one this. Feel free to drop me an email.
posted by jessamyn at 7:48 AM on July 3, 2015 [6 favorites]
posted by jessamyn at 7:48 AM on July 3, 2015 [6 favorites]
Secondary issue - I only know a little back story on how my father came to be in possession of it. I know it was not stolen, or anything else nfearious, but I can't produce any sort of proof of ownership or explain throughly why he had it for so many years. It's just mine now.
I wouldn't assume that you actually own the recording, under these circumstances.
posted by jayder at 8:03 AM on July 3, 2015 [4 favorites]
I wouldn't assume that you actually own the recording, under these circumstances.
posted by jayder at 8:03 AM on July 3, 2015 [4 favorites]
DO NOT PLAY IT AGAIN! You may have ruined it with that one sample you played. Analog tape is not a good long term storage medium. Safe deposit box is probably ok, as long as temp/humidity is controlled. Heat will kill it.
See Magnetic Tape Storage and Handling A Guide for Libraries and Archives
A friend worked on re-mastering some Beatles songs for release on CD. She said they had one chance to do the transfer, after the tape played there was a huge pile of magnetic oxide dust by the tape head.
posted by Sophont at 8:08 AM on July 3, 2015 [9 favorites]
See Magnetic Tape Storage and Handling A Guide for Libraries and Archives
A friend worked on re-mastering some Beatles songs for release on CD. She said they had one chance to do the transfer, after the tape played there was a huge pile of magnetic oxide dust by the tape head.
posted by Sophont at 8:08 AM on July 3, 2015 [9 favorites]
some monetary gain is part of the goal.
Weeeeellll, you could always send the artist's management little offcuts of tape along with a ransom note. Apologies for snark, but that's how it sounds, and there's a good chance that trying to profit from this might cost you a lot more than you hope to gain, assuming that Revered Artist isn't short of cash to sue the arse off you if it comes down to it. Also consider that Revered Artist and management haven't shown any interest in obtaining the tape or publishing the song, and there's a solid moral argument that artists should get to decide whether and/or when work is made public.
Most of all, you need some advice from an industry IP lawyer.
posted by holgate at 8:15 AM on July 3, 2015 [2 favorites]
Weeeeellll, you could always send the artist's management little offcuts of tape along with a ransom note. Apologies for snark, but that's how it sounds, and there's a good chance that trying to profit from this might cost you a lot more than you hope to gain, assuming that Revered Artist isn't short of cash to sue the arse off you if it comes down to it. Also consider that Revered Artist and management haven't shown any interest in obtaining the tape or publishing the song, and there's a solid moral argument that artists should get to decide whether and/or when work is made public.
Most of all, you need some advice from an industry IP lawyer.
posted by holgate at 8:15 AM on July 3, 2015 [2 favorites]
For the safety of the recording: I know some recorded sound preservation contacts at the Library of Congress AV archives if you need expert advice on preservation/conservation of the reel to reel tape and the appropriate, best practice methods for digitizing it.
As far as making money off of it: They may also be able to advise you on navigating copyright (It is the LC, after all, and they inherit forgotten major label artist demos, etc not infrequently), but you'll still want a copyright attorney for this matter.
posted by nightrecordings at 8:48 AM on July 3, 2015 [1 favorite]
As far as making money off of it: They may also be able to advise you on navigating copyright (It is the LC, after all, and they inherit forgotten major label artist demos, etc not infrequently), but you'll still want a copyright attorney for this matter.
posted by nightrecordings at 8:48 AM on July 3, 2015 [1 favorite]
If you really want to monetize this, you have only one realistic option, and that's to get a lawyer and sell it to the artist. You're not a publisher.
They may not even want to pay for it, though. It was unreleased for a reason -- they didn't think it was good. If they did, and somehow the tape was lost, it would've been re-recorded.
posted by Cool Papa Bell at 10:07 AM on July 3, 2015 [3 favorites]
They may not even want to pay for it, though. It was unreleased for a reason -- they didn't think it was good. If they did, and somehow the tape was lost, it would've been re-recorded.
posted by Cool Papa Bell at 10:07 AM on July 3, 2015 [3 favorites]
But you can't legally release the contents of the tape and make money from that. You might own the physical tape, but you don't own the rights to the performance nor the publishing (the song as written.) Sure, you could sell illegal bootlegs, but that's a big risk.
You could donate it to the Grammy museum or the EMP, or even just give it back to the artist. Maybe you'd get a story out of it that you could write up and sell.
posted by Ideefixe at 10:17 AM on July 3, 2015 [2 favorites]
You could donate it to the Grammy museum or the EMP, or even just give it back to the artist. Maybe you'd get a story out of it that you could write up and sell.
posted by Ideefixe at 10:17 AM on July 3, 2015 [2 favorites]
Do I find a lawyer? If so, what kind of lawyer?
Yup. You need an IP/Music lawyer, and I think you should take jessamyn up on her kind offer to connect you with such a lawyer.
got a verbal affirmative from the artist’s management company that they are aware that the recording exists somewhere but they do not have an original.
IANAL, but . . . . copyright can be a messy business. There are two copyrights in play here (I'm assuming you're in the U.S., but even if you're not there are international copyright treaties which can create a whole other level of legal complication) - the copyright to the song as a musical composition and the copyright to the actual sound recording. Neither of these copyrights depend on having an actual physical object in your possession. Multiple people and companies can share ownership of these copyrights, and often artists will sign some level of copyright ownership over to music publishers and record labels as part of the terms of signing contracts to have the publishers & labels represent them and release and promote their songs & records.
Which is to say that the artist's management would not necessarily be the ones expected to have the original recording in their possession - more likely it would be the record label the artist was signed to at the time of the recording.
but I can't produce any sort of proof of ownership or explain throughly why he had it for so many years. It's just mine now. [. . . ] I also do want to make money from its sale/release
The thing is, copyright exists as a legal right irrespective of possession of a physical object. So even if your dad got his hands on this tape in a totally legit way, neither he nor you necessarily have the right to do anything with this recording besides, y'know, own a rare object. The right to release and sell copies of this recording still rests with the owner(s) of the two copyrights, until and unless you can come up with some proof that your dad was given a share of the copyrights along with the tape.
So that's another reason to lawyer up - it seems you're in a sort of Catch 22 situation, where you have an object that's theoretically worth some money, but you can't legally pursue the obvious route to making money from the object, because the real value of the object is not actually the object, but the intangible content of the song & recording. You need a professional to advise you on how (or IF, frankly) you could get some financial benefit from this without violating the law. (Although I think the result of said violation would be less "arrested" and more "pants sued off.")
(Total guess here, but I suspect that your most likely route to money would be either a lump sum "reward" from the copyright owners for returning what is essentially their property to them, or a private sale to some kind of collector, where they're mostly interested in just owning the thing as a rare thing.)
And nthing everyone suggesting that you should figure out how to properly store the tape ASAP.
posted by soundguy99 at 10:17 AM on July 3, 2015 [7 favorites]
Yup. You need an IP/Music lawyer, and I think you should take jessamyn up on her kind offer to connect you with such a lawyer.
got a verbal affirmative from the artist’s management company that they are aware that the recording exists somewhere but they do not have an original.
IANAL, but . . . . copyright can be a messy business. There are two copyrights in play here (I'm assuming you're in the U.S., but even if you're not there are international copyright treaties which can create a whole other level of legal complication) - the copyright to the song as a musical composition and the copyright to the actual sound recording. Neither of these copyrights depend on having an actual physical object in your possession. Multiple people and companies can share ownership of these copyrights, and often artists will sign some level of copyright ownership over to music publishers and record labels as part of the terms of signing contracts to have the publishers & labels represent them and release and promote their songs & records.
Which is to say that the artist's management would not necessarily be the ones expected to have the original recording in their possession - more likely it would be the record label the artist was signed to at the time of the recording.
but I can't produce any sort of proof of ownership or explain throughly why he had it for so many years. It's just mine now. [. . . ] I also do want to make money from its sale/release
The thing is, copyright exists as a legal right irrespective of possession of a physical object. So even if your dad got his hands on this tape in a totally legit way, neither he nor you necessarily have the right to do anything with this recording besides, y'know, own a rare object. The right to release and sell copies of this recording still rests with the owner(s) of the two copyrights, until and unless you can come up with some proof that your dad was given a share of the copyrights along with the tape.
So that's another reason to lawyer up - it seems you're in a sort of Catch 22 situation, where you have an object that's theoretically worth some money, but you can't legally pursue the obvious route to making money from the object, because the real value of the object is not actually the object, but the intangible content of the song & recording. You need a professional to advise you on how (or IF, frankly) you could get some financial benefit from this without violating the law. (Although I think the result of said violation would be less "arrested" and more "pants sued off.")
(Total guess here, but I suspect that your most likely route to money would be either a lump sum "reward" from the copyright owners for returning what is essentially their property to them, or a private sale to some kind of collector, where they're mostly interested in just owning the thing as a rare thing.)
And nthing everyone suggesting that you should figure out how to properly store the tape ASAP.
posted by soundguy99 at 10:17 AM on July 3, 2015 [7 favorites]
Whatever you decide to do, consider giving a presentation on this very interesting subject at the upcoming Orphans Symposium, for which the deadline for proposals is July 10. I just submitted my own proposal.
An ORPHAN, in the parlance of this symposium, is a media object that has fallen through the cracks of history; examples include home movies, film trailers, educational films, etc., and media objects of all forms (not just film) are fair game. The theme of this year's symposium is SOUND, broadly conceived, so it sounds like your own story with this song fits it beautifully well with the theme of the conference. Could even be a way for you to make public your putative ownership of the song.
On hand will be archivists, scholars, and media enthusiasts of every stripe, so you can learn a great deal more about how to address your question.
posted by Dr. Wu at 11:40 AM on July 3, 2015 [8 favorites]
An ORPHAN, in the parlance of this symposium, is a media object that has fallen through the cracks of history; examples include home movies, film trailers, educational films, etc., and media objects of all forms (not just film) are fair game. The theme of this year's symposium is SOUND, broadly conceived, so it sounds like your own story with this song fits it beautifully well with the theme of the conference. Could even be a way for you to make public your putative ownership of the song.
On hand will be archivists, scholars, and media enthusiasts of every stripe, so you can learn a great deal more about how to address your question.
posted by Dr. Wu at 11:40 AM on July 3, 2015 [8 favorites]
Yes, consult an IP lawyer. Difficult to advise without knowing more details; you could potentially have ownership of some rights or not at all. Depends on the prior rights agreement(s) the music was created under and also the means by which your father obtained the recording, etc. I work in music IP but IANAL, IANYL.
posted by aielen at 1:29 PM on July 3, 2015
posted by aielen at 1:29 PM on July 3, 2015
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