Copywrite for video music

[Pistol2019]

Does anyone know how to find out if a piece of music is copywrited? I would like to use a piece called "Also sprach Zarathustra" composed in 1896 by Richard Strauss (Theme music from 2001 Space Odyssey). Because this piece is so old, does it automatically mean it's free to use? The version I downloaded was played by some orchestra several years ago. Who has the song's writes in this case, the composer or the orchestra? How will YouTube know which orchestra played the song? 

Thanks.

[Meg The Dog · Accepted solution]

If you do a quick Google search for: "Royalty free version of Also Sprach Zarathustra" you'll see lots of options listed. Just because they are royalty free does not mean there won't be a charge for use, but you can buy the license for your use.

Because this piece is so old, does it automatically mean it's free to use?

No, the publisher may have maintained and renewed the copyright.

The version I downloaded was played by some orchestra several years ago. Who has the song's writes in this case, the composer or the orchestra?

The Orchestra and/or record label likely hold a copyright of the music performance, which means it can't be copied without permission.

How will YouTube know which orchestra played the song? 

YouTube uses software to scan for music usage to try and circumvent copyright violations.

Whether or not your use will be flagged depends on if the copyright holder is pursuing abusers.

MtD

[salvo34]

Look up ASCAP ( around 64st and B'way nyc )

https://en.wikipedia.org/wiki/American_Society_of_Composers%2C_Authors_and_Publishers

although they just deal with royalty issues they DO have info on who owns rights

publisher ( of printed music sheets )

composer

music writer / lyric writer

etc.

sountrack albums from movies will be copyrighted by that producer ( and performers ).

I wanted to use something from the movie 'How the west was won' and called Ascap and got the info I needed to contact the current publisher and then contacted THEM (publisher) and they would work with me to come up with a price for me to use the music section I wanted for the project I had in mind.

How it's distributed ( what you make ) has a bearing on the price you agree to.

The worst that can happen ....

you get a cease and desist order from some law firm

youtube or vimeo take down your video

you get sued from here to high heaven and some mean person garnishes your wages, takes away your pickup truck and your dog... ( sorta like when you got divorced ).

[salvo34]

p.s.

with performances using printed music by a composer or the beatles etc. ( like if you want your orchestra to play it at some commercial venue like a music hall ), then you can go directly to ASCAP and it's one stop shopping.

[floejoe]

A simpler approach might be to use a tool I found recently using AI generated music that you won't get claims on because it's the way their terms of service are set up.

Here are my thoughts on the tool. https://www.youtube.com/watch?v=28CLrhMN6oo

[Rag and Bone]

Simply put, the music is probably no longer protected by copyright, see:

 https://en.wikipedia.org/wiki/Public_domain_music

But, the recording most likely is protected.

However, there are some recordings offered under Creative Commons licenses that may serve your needs.

For example, see:

https://imslp.org/wiki/Also_sprach_Zarathustra,_Op.30_(Strauss,_Richard)

Note the particular limits for these files : 

https://creativecommons.org/licenses/by-nc-nd/3.0/