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Double Bass Transcription and Publication

Jason Sypher

Jason Sypher

Jan 3, 2001
3,836
5,203
Brooklyn, NY
jasonsypher.com
#1
I was recently informed that a fellow bassist is writing a book on "bass fiddling" and is including detailed transcription and analysis of four bass fiddle videos I've posted on YouTube. It's flattering that someone would take the time but it also raises questions. What rights do I have to my tunes? They are folk tunes but the way I play them is certainly unique and the result of years of hard work. I am not clear but he may also be recording them. This is awkward because I am in the process of recording an album of my work. It would feel quite wrong to have someone record my stuff before I do. He stated the transcriptions would be attributed "as played by Jason Sypher."
I must add that my YouTube videos were just quick versions, not perfected in any way, put up to just get them out for enjoyment. I never intended them to be represented as "how I play". I should add that this is a pretty high profile player who has played with a famous band for as long as I've played the bass!
 
#6
Copyright exists from the moment you create something. You register it with the Library of Congress to make it easier to prove.

Mechanical rights has to do with royalties payed/earned from the mechanical presentation of a work (the public showing of a video, etc.) You held the mechanical rights to the video before posting it on Youtube. Those rights may have been signed away when you agreed to the user terms and conditions. But the mechanical rights would be only for the videos. The music contained on them is a separate issue.
 
#7
Also, unless you can find a lawyer who can work on this pro bono, you're probably screwed. The lawyers fees will probably be more than what you'd make. Maybe you should talk to the guy publishing the book, expressing your concerns and that you don't want lawyers to have to become involved. And maybe just the mention of lawyers will be enough to cut you in.
 
#9
David Kaczorowski said:
Mechanical rights has to do with royalties payed/earned from the mechanical presentation of a work (the public showing of a video, etc.)
Click to expand...

Mechanical rights actually has to do with the right to record and distribute "phonorecords" (which in the language of the Copyright Act includes CDs, etc.) The public showing of a video would be a "performance" under the Copyright Act which would be the subject of a different kind of license.

There is some information available on mechanical rights here:

FAQ

Jason, you should definitely consult with a lawyer who can explain to you what your rights are. In Philadelphia, there is a group called Volunteer Lawyers for the Arts which provides pro bono legal consultations to artists regarding this type of question. There may be a similar organization in your area.
 
#10
I actually have an ex entertainment lawyer in the family on my wife's side. I'm going to assume that this guy is a good egg but the fact that all this went down without even a "consideration" email. I wrote him so I can get the specifics of the book. I would be fine with being represented with some guidelines in place...
 
#11
It seems that any material that you improvised/composed would be yours, so I don't think anyone has a right to publish that in written or aural form without your consent. A credit in a book wouldn't be enough for me. Seems you should get a royalty, if you consent to it. Maybe you should take them down from youtube until this is settled. On the other hand, inclusion in the book might help you sell your music to thousands of bassists! Work out a licensing deal with him to include your recordings in his book. The Harry Fox Agency administers mechanical rights for small publishers, as yourself.

If youtube has some kind of right to it...who knows. Maybe the tunes themselves are public domain unless you wrote them too. Try to find a <$350/hour lawyer :rollno: Good luck!
 
#12
Well, the guy wrote me back and said he would not publish anything without my consent and that the book was in the "beta-stage". Ok, fine and well. He did send me the transcriptions that are totally wrong, well, not totally but not right, particularly the bowing which is way more complex than he realizes. I told him I'd like to support the project and I would get back to him on my boundaries. It was a real wake up call though about YouTube and what can happen when you put something innocently out there for consumption. I did take them down for the time being, just to feel like they're still mine...
 
#14
What I meant about Mechanical is that once something IS published, another can "cover" the published work with a Mechanical License without your permission but they MUST pay you according to terms of the license.

I do not know if YouTube is your publisher or not... read their terms. I do know that they pay according to a viewer threshold, so they may be involved to some extent.

If you find something factual that is different than my speculation, please post it.
 

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