You're bringing up 3 independent features of copyright law/practice as if they are related, right of first recording, recording music from the public domain, and performance royalties. They're actually not related at all. Each is a different issue entirely.
There's an oddball clause in "standard industry practice" called the right to first record. Its one that allows the copyright holder for a song to restrict who can be the first to record it. Its a very powerful thing, since the first recording of it also technically becomes the first arraingement of it, the one which (to ASCAP's eyes) all other arraingements are based upon.
After "first record" has been granted and exercised, permission is not required to record it again. Its a formality of politeness that most do ask permission first, but its not a requirement. Even if Coolio's people DID tell Al "no we don't want you to use Gangster's Paradise", there is nothing legal they could do unless Al either 1) didn't credit Coolio, et al., or 2) didn't pay his publishing company through ASCAP. The parody clause of fair use isn't even an issue. When performance rights are handled by ASCAP, almost anything can be recorded again as long as the money is agreed upon and paid up.
Nick Robertshaw granted first-record rights to Hellship to the Pyrates Royale. Technically and legally, that allows me to record my own version of it at any time, provided I pay Nick up front the "going rate" which is based on the # of cds being pressed and the # of separate titles on the disc. As a decent human being, I won't do that without Nick's approval and blessing, but its a legal right I have.
Re: Hmmm...
There's an oddball clause in "standard industry practice" called the right to first record. Its one that allows the copyright holder for a song to restrict who can be the first to record it. Its a very powerful thing, since the first recording of it also technically becomes the first arraingement of it, the one which (to ASCAP's eyes) all other arraingements are based upon.
After "first record" has been granted and exercised, permission is not required to record it again. Its a formality of politeness that most do ask permission first, but its not a requirement. Even if Coolio's people DID tell Al "no we don't want you to use Gangster's Paradise", there is nothing legal they could do unless Al either 1) didn't credit Coolio, et al., or 2) didn't pay his publishing company through ASCAP. The parody clause of fair use isn't even an issue. When performance rights are handled by ASCAP, almost anything can be recorded again as long as the money is agreed upon and paid up.
Nick Robertshaw granted first-record rights to Hellship to the Pyrates Royale. Technically and legally, that allows me to record my own version of it at any time, provided I pay Nick up front the "going rate" which is based on the # of cds being pressed and the # of separate titles on the disc. As a decent human being, I won't do that without Nick's approval and blessing, but its a legal right I have.
end part 1