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Subject: Copyrights - Will I be sued if...... From: GUEST,Sleepless Dad Date: 11 Apr 04 - 07:21 PM I'm thinking about recording a homemade CD with some friends of mine. It's wouldn't be sold - it would be given away to friends. And it wouldn't be intended for broadcast either. Not that I would expect someone to broadcast this effort. My question is if we could expect to run into any legal difficulties if we included songs written by artists other than "traditional" ? And if we gave away the recording as a gift and never sold it. What can I expect ? All I really want is to document this group of friends I get to perform with. |
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Subject: RE: Copyrights - Will I sued if...... From: Benjamin Date: 11 Apr 04 - 07:26 PM I'm not entirely sure about the technical legality, but I'm guessing that there probably won't be enough money in your recordings to make any kind of legal action on anyone's part worth it. |
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Subject: RE: Copyrights - Will I sued if...... From: Maryrrf Date: 11 Apr 04 - 07:47 PM I can't see this being a real problem. If by some fluke somebody got hold of the CD and started giving it a lot of airplay and you started racking up sales - that would be a different story. But then you could probably contact the parties involved and come to some kind of arrangement. However, if you are sending the CD out to be duplicated (versus burning it yourself on your home computer, for example) they will require you to certify that you have taken care of all copyright obligations and legalities. |
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Subject: RE: Copyrights - Will I sued if...... From: McGrath of Harlow Date: 11 Apr 04 - 08:25 PM But, unless you are planning to produce an awful lot of copies, burning it yourself on a home computer is probably the easiest as well as the cheapest way to do it. |
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Subject: RE: Copyrights - Will I sued if...... From: Margret RoadKnight Date: 11 Apr 04 - 08:57 PM Strictly speaking, songwriters' royalties are paid on Pressings, never Sales ... gifts & promos are currency (I'm not a songwriter, btw) |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST Date: 11 Apr 04 - 10:26 PM Why not simply ask the writter anyway? You might be very surprised and they say ok...........surely wouldn't hurt. I made a short movie a long while back and used some songs,but said that the use would be limited. Basically if it was sold, or broadcast oN TV then we would obviously have to pay. Ask them.............. |
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Subject: RE: Copyrights - Will I sued if...... From: Richard Bridge Date: 12 Apr 04 - 04:07 AM It is certainly an infringment under English law - but you can get a licence from the MCPS, and it's pretty cheap. If you are in the USA the answer may differ because of the fair use and private use exemptions, and the different collecting society structure. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,harlowpoet Date: 12 Apr 04 - 09:51 AM I can't see it worth anyone suing you if you don't make any money from it. However it is good manners and established practice to ask permission first. Many songwriters, and most I know, would be chuffed if you asked them. |
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Subject: RE: Copyrights - Will I sued if...... From: Jim McLean Date: 12 Apr 04 - 02:14 PM As a songwriter, I have never refused permission, only asking for proper credits on any sleeve notes or what have you. If the song gets airplay then the PRS passes on the royalties which it collects from the station. Good luck, |
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Subject: RE: Copyrights - Will I sued if...... From: black walnut Date: 12 Apr 04 - 02:25 PM I totally agree with above. It's best to ask the songwriter for his/her blessing, and definitely give credits where credits are due. ~b.w. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST, Mikefule Date: 12 Apr 04 - 02:32 PM It all depends on the copyright owner. The law is one thing. Determination to enforce it is another. For you to be sued: First, the copyright owner has to find out. Then (s)he has to track you down. Then (s)he has to make a decision to sue. Then issue proceedings. Then prove to the satisfaction of a court that a given level of damages is appropriate. All of this seems awfully unlikely, as long as you are not producing large numbers of discs, or selling them for financial reward. Run this past the list above and you'll find that the person who sues you has to be a lucky, determined, vindictive, unreasonable person, who catches the Judge on a good day. Do you worry about being sued every time you cross the road? If you cause an accident, you could be sued you know. I'd say make the CD, but if you produce a card insert, ensure that you credit the copyright owners and songwriters. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,MMario Date: 12 Apr 04 - 02:38 PM you'll find that the person who sues you has to be a lucky, determined, vindictive, unreasonable person, who catches the Judge on a good day fair enough statement ONLY if/when talking about small operations. Which does not make using material under copyright without permission MORALLY correct just because the odds are that you won't get caught. |
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Subject: RE: Copyrights - Will I sued if...... From: McGrath of Harlow Date: 12 Apr 04 - 02:43 PM If you're not making money out of it that ought to go to the copyright owner, there is nothing at all morally wrong with using copyright material. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST Date: 12 Apr 04 - 02:56 PM it is against the law. |
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Subject: RE: Copyrights - Will I sued if...... From: Betsy Date: 12 Apr 04 - 03:17 PM If you asked the songwriters in the same way you've written your Thread you'd have no problem getting their permission - they'd be only too pleased . It won't be THAT difficult to find their addresses etc. Go on - try and see if you can contact them. Hang on !! I think you'll be starting another Thread shortly - Does anyone know where I can contact............. |
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Subject: RE: Copyrights - Will I sued if...... From: Peace Date: 12 Apr 04 - 03:57 PM A gal in the USA had asked me a year ago if she could record a couple of songs I'd written. I told her thank you and yes. I also said that if she made lots of money to send me some. I won't pretend to speak for all songwriters. If she sells a million, I'd like to be paid. If she sells enough to break even, I'm glad to have helped. I figure if she's honest enough to ask, she is honest enough to keep her end of the deal. All I've ever insisted on is credit for the writing. |
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Subject: RE: Copyrights - Will I sued if...... From: George Papavgeris Date: 12 Apr 04 - 04:15 PM As a songwriter I concur fully with the postings of brucie, Jim McLean, MMario. I certainly would be chuffed to have anyone sing and record one of my songs. In any case, I would want you to give the credit for the song. It is morally and legally my right to be identified as the song's copyright owner. |
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Subject: RE: Copyrights - Will I sued if...... From: Wesley S Date: 12 Apr 04 - 04:21 PM It doesn't look like Sleepless Dad is worried about the artists themselves - it's those danged lawyers. I wouldn't be worried about the artists either - IF you can get past the legal types to get to them. |
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Subject: RE: Copyrights - Will I sued if...... From: Big Mick Date: 12 Apr 04 - 04:54 PM This is not a lot different than the idea of burning CD's. The point is that the music is not yours to make the determination. It belongs to its author. Most of us would be happy to let you use it, and only wish for you to ask. It is about ownership. Good man for asking. Mick |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,Crystal Date: 12 Apr 04 - 05:33 PM I have a feeling that the legal situation is similar to that of "fan fiction" or downloading music, i.e it is not tecnically leagal to record copywritable material without permission, but most people will not kick up a fuss if no-one is making any money. |
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Subject: RE: Copyrights - Will I sued if...... From: Uncle_DaveO Date: 12 Apr 04 - 06:51 PM In terms of asking the authors, when I was in the process of planning my CD, The Real Story!, I wanted to use Dave Mallett's The Garden Song. I found his e-mail address, and told him I was doing a small-run, personal CD and would like to use it, and how much would make it okay with him? I never heard a word. I also wanted to use two songs by Utah Phillips, John Thurman and another, the name of which won't come to my aging brain at the moment. I wrote him in hard copy, explaining the scope of the project, and expressing my willingness to pay appropriate fees, and how much? Never heard a word from him, either. Now, it may well be that their silence could be taken as tacit permission. Or maybe evidence of sloppy business practices. Or something else entirely. I incline towards the tacit permission theory in each case, myself. In any case, I didn't want to use any of the songs with explicit permission, either freely given or purchased, and I didn't want to bug either of those fine gentlemen, so I ended up not using any of those songs. If I had been determined to use one of those songs, I would have sent the author a check (certified mail) for the projected number of disks times nine cents, which I understand to be a sort of average rate per song per disk, explaining what it was for and how I figured it. If the author cashed my check, I'd have a contract. If he didn't cash it but was silent, I would have assumed that I had permission without payment. As I understand it (remember here, I'm not a lawyer), once a song has been issued on record, anyone else can cover it; the author cannot deny you the right to record it. The acceptance of tendered payment or the refusal of payment which you can prove you tendered I think protects you. I suppose the author (or his representative) could not cash your tender check and come back and say, "You can record, but it will cost you 'X' instead of what you tendered." In that case you'd have to decide whether it was worth what was asked. Dave Oesterreich |
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Subject: RE: Copyrights - Will I sued if...... From: McGrath of Harlow Date: 12 Apr 04 - 06:57 PM One thing worth remembering is that people who write songs don't necessarily still have copyright ownership of them, and might not legally have the right to allow anyone else to sing or record them. That's assuming they are even still alive. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,wyllow Date: 12 Apr 04 - 07:36 PM hi! i'm not a lawyer either, but, in the United States at least (i don't know about other countries), once a song has been recorded and released to the public for sale (even if it's a small-run, independent release), anyone can then record it freely _without_ permission from the songwriter or copyright holder. if you do record the song, though, you have to pay royalties on any sales. you have to file for a "mechanical license" or something like that, and i believe the royalties are paid to Harry Fox or a similar agency, probably quarterly or yearly like taxes (not sure about the technical parts -- never done it myself. it sounds like a hassle, which is why i only record traditional (public domain) or my own material!) if anyone's interested in the technical aspects i'll look it up for you. (this is the _legal_ way to do it. i'm not saying everybody does pay royalties who puts out recordings. other posters have pointed out the difficulties in collecting royalties from a small-run recording. by the way, reputable CD manufacturers will want to see copies of your mechanical licenses before they will duplicate your CD). anyway, Sleepless Dad, go ahead and record your songs! you don't need permission _if_ and _only if_ the songs have been recorded and released previously. (if they haven't been released, then you do need permission). you aren't selling your CDs, so you don't have to file the licenses. if you decide to sell them in the future, you can file then. asking the songwriter for his or her blessing is just a courtesy. (that's why you never heard back from those writers, Uncle Dave. you already had the right to record; they just never bothered to respond to your queries). wyllow :) :) |
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Subject: RE: Copyrights - Will I sued if...... From: Uncle_DaveO Date: 12 Apr 04 - 09:50 PM Wyllow, I knew that. I wanted to pay them--directly--the royalty fee, or have an explicit "go ahead, no charge" message. It is my impression (not a lawyer, remember?) that if an author still owns the copyright he can accept the fee directly, even if it is normally handled by an agency. I could be wrong. I have been, on at least two or three occasions in the last 74 years. Dave Oesterreich |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,leeneia Date: 13 Apr 04 - 12:54 AM Anybody who signs himself "Sleepless Dad" has enough stress already. Just record public domain stuff and give youself a break. The newspaper had an article about stress management last week. The expert said there was no such thing. You can't manage stress, all you can do is eliminate it from your life. Making this project simpler by doing public domain music is one way to do that. |
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Subject: RE: Copyrights - Will I sued if...... From: pavane Date: 13 Apr 04 - 07:58 AM Even the question of what is the the public domain is enough to give sleepless nights - and many people get it wrong. Example - I have seen 'Happy Birthday to You' listed as Trad so often - but it is NOT. It is still in copyright. There are many 'folk' songs which are now so familiar that people believe them to be traditional. (Ewan McColl's Freeborn man, for one) And there are also the people (well-known) who have claimed the copyright of many real traditional songs - you have to make sure you keep away from their specific versions. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,MMario Date: 13 Apr 04 - 10:34 AM wylow - the "once published no permission required to record" is *IF* mechanical copyright is paid - and usually PRE-paid for the aniticipated number of copies. Legally this is ALL copies - not copies SOLD. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,wyllow Date: 13 Apr 04 - 12:28 PM MMario, thanks for the clarification. like i said, i have never actually filed mechanical licenses and i'm not sure of all the technical details. i appreciate the information. pavane, you are right. you do have to be careful of what's public domain and what isn't. in the US the Library of Congress will do a copyright search for you....for a fee of course! Uncle Dave, i misunderstood your original posting and what you were trying to do. now that i re-read it, i can see you weren't asking for permission but trying to pay the songwriter directly. sorry if i came across as trying to tell you what you already knew. i'm wondering how much of those mechanical license fees actually end up going to the songwriter anyway (especially smaller run recordings or lesser known writers). i guess that's a different topic. thanks everybody! wyllow :) |
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Subject: RE: Copyrights - Will I sued if...... From: Betsy Date: 13 Apr 04 - 12:46 PM One day someone might tell you all about Paul Simon - Scarborough Fair and Martin Carthy.We're not lawyers and I doubt that any will give their views for free in Mudcat - but be careful,and mostly sensitive - and respect The Songwriter,the Composer and Arranger these are the three constituent parties of any song ( in G.B.) and if they are (or are not) all the same person - they are all have the right to be paid for public performance or recording of their songs. To the person who offered money "in the face" I suspect you may have frightened the writers , perhaps you could have phrased it differently as he / she is not to know whether you are just an honest John - or (for example) Celine Dions agent . !!!! From my point of view - getting offered money from someone who is not recording for money is a bit strange , perhaps you are just a generous or a wealthy person. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,MMario Date: 13 Apr 04 - 12:57 PM Composer, Lyricist, Arranger, Publisher. In the US at least - it seems the publisher usually gets the lion's share. |
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Subject: RE: Copyrights - Will I sued if...... From: dwditty Date: 13 Apr 04 - 01:09 PM Right MMario. In most cases licensing is a simple matter of signing on to Harry Fox, filling out the form on-line, paying by credit card, and voila...you are legal. I, too, understand that once a song is released, it is only a matter of paying the fee with no requirement to gain permission. The fee is usually based on the statutory rate (around 8 or 9 cents per copy made) and is paid upfront. I had a little harder time recording songs by Randy Newman and Bob Dylan and had to deal with their agencies directly. Although I was only charged the statutory rate (they were hungry for my 80 bucks, I am sure), some artists maintain control by charging substantially more for the use of their songs. For more info and to check out the process in detail, go to Harry Fox (www.songfile.com) Oh, and remember, it was Harry Fox that tried to shut down mudcat a few years ago, so..... dw |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST Date: 13 Apr 04 - 01:13 PM the rate is based on LENGTH of song as well - above a certain limit. I think it's six minutes but the information is out at Harry Fox. Above the limit it's an amount x length of song - below it's a flat rate. |
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Subject: RE: Copyrights - Will I sued if...... From: Uncle_DaveO Date: 13 Apr 04 - 01:30 PM Betsy said: From my point of view - getting offered money from someone who is not recording for money is a bit strange , perhaps you are just a generous or a wealthy person. Several things here: 1 I don't like piracy, and think "the laborer is worthy of his hire", as the good book saith. 2 I am assuredly not wealthy. The "generous" business, well, I'll let others judge of that. 3 I did expect to and have indeed sold some disks, although the overall project was not commercially oriented. 4 Eight or nine cents times the projected number of disks would be less than $10 per song, which is not onerous. Dave Oesterreich |
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Subject: RE: Copyrights - Will I sued if...... From: Betsy Date: 13 Apr 04 - 03:39 PM Dave O – My Apologies - I didn't mean sound nasty. I am writing as one who has given permission in the past for my songs to be recorded - I've judged situations on their merits and I've never asked for, or , accepted money from genuine people, as indeed you seem to be. The "Harry Fox" system appears to be a U.S. system which (I believe) doesn't exist in Britain - I would think that the equivalent is the P.R.S. Performance Rights Society - for Public Performance, and the MCPS Mechanical Copyright Protection Society - mostly for recordings. Thankyou to Mario M for trying to correct me - unfortunately there is no requirement to have a Music Publisher here in the U.K. and , what I said originally, stands albeit the difference in your Term 'Lyricist' is probably more correct than 'Songwriter' which I used. All my songs are Unpublished Works which are duly registered with the PRS after their first public performance and are 100% protected from piracy or whatever. It is terrifically quaint the method over hear - there is 4/12ths for each of Composer, Lyricist, Arranger, (to use your Term). Total 12 / 12ths !!!!! If you sell a song to a publisher - you will get a (usually) a small fee and a minuscule percentage of the 4/12ths system I described. Absolutely no requirement to have a Published Work in the UK - Unpublished simply means that my songs are owned wholly by me - published means they become a commodity for buying and selling hence McCartney owning loads of Buddy Holly songs - M. Jackson owning loads of McCartney Songs etc. If one of my songs is sung on (say) Radio – I receive 12/12ths of the levy for playing a (up-to ) 3 minute song on that particular Radio Station. The levy varies widely, so that National Radio pays much more than a local Radio Station. If your song belongs to a Publisher as I said earlier – you've had you money "up-front" when you sold it to him – and you will only receive a very very tiny proportion of the 12/12ths –that's how they make their money !!! I don't suppose there's a great deal of difference – unless we are accidentally going to write a huge Hit – who knows – lets' sort that out in the unlikely event that it happens !!!! Anyway – the most important thing is enjoy writing and hopefully you can pass on enjoyment in your songs which will far out-last the lot of us in the years to come. |
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Subject: RE: Copyrights - Will I sued if...... From: M.Ted Date: 13 Apr 04 - 03:42 PM You have Certain fair use rights related to any song, whether it is in copyright or not--the problem is determining where the boundary between your personal use and the protected use is--you also have protected rights related to anything that you record(even for private use, and even when the material is in the public domain)-- If you are going to go to the trouble of making a recording, especially in co-operation with others, it pays to do some research to figure out what rights you have, and where other people's rights kick in. Even if this is supposed to be an informal project, it can't to hurt get written permission from everyone involved, so that if, sometime in the future, some one wants to use the use the recordings in some way other than you'd originally planned, it isn't a big hassle-- Now you may say, "Why bother? That'll never happen" but these days, once a recording is made, it is no big thing to post it on the internet, to paste it into a video, to sample it, or even to cut and paste new tracks into it and make a disco mix-- |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,MMario Date: 13 Apr 04 - 04:05 PM sorry Becky - wasn't meant to be a correction - just a comment on differences in the systems. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST Date: 13 Apr 04 - 04:09 PM and in the US - if a song has been recorded it is considered "published" - and the publisher of record gets a cut. Which is why more and more artists are forming their own publishing companies |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST, Mikefule Date: 13 Apr 04 - 04:37 PM The simple statement, "It's against the law" that someone made a while back in response to my last post on this thread is not quite correct. Or, at best, it's a gross over simplification. It is not against the law in the same sense as, say, murdering someone, or exceeding the speed limit. It is not a crime, defined by statute and subject to penalties such as imprisonment, community service or the lash. Breach of copyright is a civil matter. The owner of the copyright has legal rights and if he feels you have infringed them, then he has the right to seek redress in the civil courts. So, copyright infringement is "against the law" in the same sense as walking across a farmer's field where no right of way exists. The farmer can give you permission, or he can turn a blind eye, or he can ask you to leave, or, if he can prove you've caused damage, he can sue you for damages. And in my earlier post, I used the pronoun "you" deliberately. It was addressed to the person making a small number of recordings for personal use and distribution among family and friends with no profit motive. That person would have to be the unlucky victim of a determined, vindictive copyright owner (etc. etc.) to be in trouble. The person who recklessly records and sells copyright material for profit without acknowledgement or payment of royalties is a ifferent person altogether and I don't condone that at all. But moving on: how many of you who run folk clubs keep a complete list of tunes and songs performed each night and submit it to the Performing Rights Society? How many of you never touch a drop after drinking up time? Wouldn't wnat to be "against the law" would we? ;0) And as for the contract by tacit consent: I'm afraid it doesn't work in English Law. For a contract, there has to be offer, consideration (that is, something to be gained and lost by each party), and acceptance. You can't sell a car to someone by saying, "If I don't hear from you by wednesday, I'll assume you want it." You can't (legally) assume permission to use copyright material because you've received no objection - although proof that you've tried to get it and received no response might be a mitigating factor if the matter ever did end up before a court. And traditional stuff? Some of that's copyright too. I'd say this is an area where common sesne should prevail. A dozen copies circulated for free, with suitable credits, shouldn't be a problem for anyone. Most songwriters are happy to hear their songs being performed. |
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Subject: RE: Copyrights - Will I sued if...... From: Rara Avis Date: 13 Apr 04 - 04:45 PM For you to be sued: First, the copyright owner has to find out. Then (s)he has to track you down. Then (s)he has to make a decision to sue. Then issue proceedings . . . Different art, similar situation – a photographer friend received a phone call from an associate. Seems the associate saw an advert on tv which included a still shot by my friend. Said friend contacted nameless billion dollar company screaming copyright infringement. Next thing he knew – swoosh! Faster than you could lace up a pair of those expensive sneakers – a cheque was in the mail and the advert disappeared from the tv. All this to say that you never know how someone will find out. Best to contact the composers. |
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Subject: RE: Copyrights - Will I sued if...... From: Betsy Date: 14 Apr 04 - 12:55 PM It's interesting to see the views expressed , and naturally, slightly conflicting views which probably is attributable to two groups being on different sides of the Atlantic. Some of you appear to be speaking with a degree of legal knowledge but I would challenge M.Teds assertion that "You have Certain fair use rights related to any song, whether it is in copyright or not". Of course you would have rights to a song that's not copyrighted - (which I can't envisage), but I believe you wouldn't have any rights to a song , product ( or a face as Rara Avis explained ) or indeed any other thing which is copyrighted. Breach of copyright is not simply a Civil matter. To play music (in any form i.e. records /disc /live etc) in public, let's say a bar, if you have not paid the PRS licensing Fee for the establishment - the PRS can inform the Police who will act swiftly to ensure the Fee is paid , under pain of stopping the music altogether and possibility closing the premises. Payment is usually made very quickly. A guest informs us that "in the US if a song has been recorded it is considered "published"" - I believe over here that a song which is sang in public, registered with the PRS and by providing them with the Lyrics and Score it is properly protected - it does not depend on whether is it a recorded work, or not, and lets face it many of us have written good songs which have not been recorded, but which we intend to retain full rights of Ownership. I can only assume that it must be most daunting for our American friends, going around clubs, singing their own songs and not knowing if they will be stolen before they can establish ownership by involving a Publisher. I'm enjoying reading you r views – but the reoccurring theme /advice is – contact the owners of the song (s) - who knows ?? - you may even make new friend(s) through doing so. |
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Subject: RE: Copyrights - Will I sued if...... From: George Papavgeris Date: 14 Apr 04 - 01:33 PM My songs are like my children: When they are born and properly formed I register them with the UK Copyright Service (UKCS), in batches of 15 to 30 (it's £60 per double CD). This registers my "paternity" (copyright). When I bring them out, anyone is welcome to play with them (take them up and sing them, but not for profit). If someone wants to be married to them (record them or sing them for profit as part of their repertoire) I like to be asked, out of politeness alone. And on the marriage certificate (the album notes etc) I expect their maiden name to be mentioned (the provenance, the origin, the copyright owner). PRS/MCPS/Harry Fox/etc are nothing to do with copyright per se. They act only as agencies for collecting licence fees for performing rights (PRS) or recording rights (MCPS). I do actually have the right to refuse permission for a first recording, for my songs. This is intended for songs that I have not recorded myself yet, in case I want to control WHO does the first recording of a song. I don't have the right to refuse permission for subsequent recordings - as long as the licence fee is paid (or explicitly waived by me). |
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Subject: RE: Copyrights - Will I sued if...... From: George Papavgeris Date: 14 Apr 04 - 01:35 PM But the heart of it is: Ask the copyright owner. Most, myself included, would be proud to have their songs sung/recorded by others. |
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Subject: RE: Copyrights - Will I sued if...... From: Betsy Date: 14 Apr 04 - 01:56 PM So can we say - sing whoever's songs you like - but be sure to attribute the song to them preferably BEFORE singing the song on stage, but,if you want to record,do your level best to get permission from the Songwriter / or the Song copyright owner. Greko also speaks for me when - to quote - "would be proud to have their songs sung/recorded by others " after all it DOES constitute the most sincere compliment which a Writer could receive. Good Luck. |
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Subject: RE: Copyrights - Will I sued if...... From: PennyBlack Date: 14 Apr 04 - 03:02 PM MCPS collects on behalf of the copyright holder, when you register that you wish to make a CD,Record etc you have to say how many copies and at what price they will be sold for (Retail or wholesale) the amount you pay is determine by the 4 main factors: Amount pressed (burned), Price per copy, number of tracks per copy, and tracks that a copyright is held for. Working on the above, even if the CD is registered with MCPS (NOT a legal requirement) and the CDs are NOT sold there will be nothing to pay. Manners would suggest that a) If you know of the copyright holder a letter/email to let them know what you intend to do and b) It might be nice to send them a copy of the CD. Some Copyright holder also hold the "right to first recording" if this exists then you would be open to court action. N.B. Before a CD pressing company can/will proceed with the pressing they will require a "permission to proceed" form from the MCPS to ensure that any dues (or no dues!) have been paid. P.I. Recordings UK All above refer to UK law. |
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Subject: RE: Copyrights - Will I sued if...... From: Betsy Date: 15 Apr 04 - 11:09 AM I wish I could show you an Email from a Mate - in Boston (USA)received yesterday showing a CD some guys did some songs - one of mine included - clearly for fun . I live in the UK presently working in Brazil ( so Mudcat gets around Eh ??) . It might help us all calm down - unfortunately, I'm not clever enough to put the attachments on this message. |
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Subject: RE: Copyrights - Will I sued if...... From: GUEST,(but not THAT Guest) Date: 16 Apr 04 - 10:12 AM What about if I make a compilation CD of songs recorded by their authors to GIVE to people and encourage them to buy the original complete versions? Is that stealing? Copyright violation? Bad Karma? |
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