Copyright or payment for deceased artists needed for clearance? Beethoven? Elvis?

[Clint Nitkiewiz Hernandez]

How does one know whether music is under a copyright and needs to be cleared? This would be for a feature film, perhaps even earning a profit on the film, will a payment have to be made to anyone ever? The deceased family?

I am talking about artists who are deceased who created the original song(s).

So lets take 2 examples,

Bach and Elvis;

Bach: Anyone can use Bach's or Beethoven songs, he is deceased therefore the copyright does not exist, one may use his music in any feature film, cut it in any way, and not have to make a payment to anyone ever or get any clearance, from his family, or anyone, even if the film makes a profit.

Elvis: Same deal?

Misc Artist: I am looking into other artists who are deceased, will their rules apply to the Bach example, or Elvis, and how can I find out or research if I need to get clearance from a specific deceased artist.

This question can even apply to making a film about a historic figure. If I wanted to make a film about George Washington, a real biography which depicts him as the real guy I assume I would not need clearance or need to pay anyone. Did Scorcese need clearance from George W. Bush when he just made W? Did he have to pay him? If you make a film about x person, most likely he/ she can sue you, how is George W. Bush not suing Scorcese, did he sign a release form?

I really want to make a film about a dead historic figure, and use music by deceased artists of that time, etc, so that is why I am researching what the procedure may be, when you know its okay, or when you know you can't. Say I want to make a film on Elvis, I assume you need clearance, and have to pay high fees to his family, this is what I assume, not is what I know, so that is why I ask if anyone KNOWS.

Thanks.

 

[adkimery]

These are all Q's you should ask a lawyer familiar w/copyright law and the entertainment industry. In my limited, layman knowledge Bach's music is public domain, but you'd still have get permission from whomever played the music. For example, if you pick up Bach's Greatest Hits CD performed by the San Francisco Symphony you'd have to get clearance from the SFS to use it because they own the rights to their performance of the music.

I don't think Elvis has been dead long enough for his music to go into public domain so you'd have to talk to whomever owns the rights to his music (his estate?).


-A

 

[Ironman]

I maybe wrong but copyrights have duration term as shown in this graph:

http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act

I'm guessing Elvis's music is protected eitherway by the record label he worked for.