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MOBirl
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| ACAS4U - a full PHAT 11/10! |
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| my homie emails his s**t to himself, that copyrights it to him somehow, it must be something in the T&C of emails on privacy and copyright(as the emails must be copyrighted to you when their in your inbox, so if a songs in the email then its yours)I'm just guessin that, I'll ask him next time I see him if ya really need to know |
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| Hey, good find Val, but does the same apply in the US. I believe that info pertains to the UK. Or is it all the same? |
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Double
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| No longer the Rookie |
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| Just don't try to sell your creations for profit, then there'll be no worries... |
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djbbeatbox
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| ACAS4U Referral Ambassador |
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| Yeah thats definatly illegal, but as long as you do not sell or duplicate your mixes for profit you are ok, little dude is right. You are allowed to construct or create you own mixes for your own plesure but once you start acting as those vocals or acapella in your songs are yours because you mixed them then, you got trouble, granted yes they wont find you, and i really dont think they will care, because you or anyone else are not selling 13.2 million dollars of that song, because even if they tired, they would recieve $20 in sales reinburstment or get a lawyer that would cost more then they would recieve, but yeah thats bascially what would happen. |
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Reflective Index
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| Arh baby, ACAS4U's gotta hold on me. |
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there is a site you might have heard of its creative commons asnd they do copy riught for tracks you make. im not sure if they allow songs with samples in though :?
http://creativecommons.org |
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Ron Cevalles
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| Special Member |
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I ran into this problem when I took my album to a professional manufacturing plant to be pressed (I wanted my CD's to look nice for the people  ). The manufacturer needs to know that you've properly licensed your remixes so they don't get sued for pressing them.
They sent me to an association like http://www.cmrra.ca/ in Canada or http://www.nmpa.org/ in the Sates.
The issues I faced were: additional cost (about $1 for every CD pressed); time; and some of the acappellas I chose weren't available to be licensed. BUT you could argue that image-wise it looks better to go through this process.
Under a short deadline for this particular CD, and because I just wanted to have something for promotional purposes, I decided to turn to the "darkside" and make my own CD's. I still wanted them to look nice though, so I went to a place like http://www.duplium.com/ to make custom screened CD-R's that I could burn myself. I haven't recieved them yet but, I assume they look better than handwritten labels.
The issues with this way: I have to burn them myself; they won't be shrink wrapped. BUT: It's cheaper, and each CD is blank so I can custom burn each one if I want to.
Licensing each track is the professional way of doing things, but if you're still small-time/street you should be able to get away with making them yourself. If your making tons of cash from your remixes then people might start sniffing around, but if your that big then you should be able to get licensing anyway.
I hope this all makes sense, and as a disclaimer - this is just a post on a web-site forum - so, do your own research on what's possible in your area.
Peace,
Ron Ce
Amendment: I just received an e-mail from the President of the CMRRA here in Canada (a mechanical licensing association). He basically said this about remixes: that if a band records their OWN version of a published song, eg: Wonderwall by Oasis, then they can easily get mechanical rights to that song. But, if someone uses Liam Gallagher's acapella and makes a remix of Wonderwall, they need to contact the record company that owns the masters of that particular song and then secure the rights to use the masters.
This is not an impossible task, but as you can imagine it is a very lengthy and expensive process - you may even be refused outright, who knows? Good luck to all! |
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Last edited by Ron Cevalles on Thu Jun 02, 2005 8:45 pm; edited 3 times in total
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| This is really interesting ... I have looked into and read up on this stuff before but some new information, and new links have come to light from this topic. Cheers guys! |
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| DJ Val wrote: |
| Thanks for all your helpful replies. I guess it's best to use copyright free pellas I can't make my own cos I can't sing for s**t!! |
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| thanks for all this been a great help. From the sounds of it you will probably see me in court!! |
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hey people,
I am new to this whole dj thing. My boyfriend is a dj and i am trying to help him get his cd's out, but as you all know it is very competitve. I make all his cd covers, i am very creative and i handle the business part. Anyone have any input or suggestions. I am currently enrolling at Full Sail. If you don't know what that is just go to www.fullsail.com
Aight peeps thanks ahead of time peace |
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ChoqueTT
Warnings : 1 |
| Arh baby, ACAS4U's gotta hold on me. |
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| how can I get a 8.5 cents mechanical licence from popular hip-hop singles (ex. 50 Cent Fabolous) Is there a specialised website? |
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| best bet is to bootleg the track.. and if its any good, an indipendant or major sees interest and most off all money, they will pick your mix up.. they have no choice, because you own the mechanical right off the recording and even if you haved ripped there work, they still need your permision to release anymore mixes, only other thing they could do is probs take you to a small claims for a meezly few hundred quid.. they would go for the first option..... let the label come to you !!! |
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ThaCrateMayne
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| No longer the Rookie |
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Doesn't the "For Promotional Use Only" line solve all of these probs?
I mean that's what you see on the mixtapes and bootlegs to save their asses |
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Ok, I have a store here in south FL. And i had to stop salein' mix tapes. Cause they came down hard on me. Over the last 2 years i have learn alot and here
The Facts!
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Hers the deal.... When an artist produces a work intended for release, they typically use BMI or ASCAP to publish it. These companies are responsible for making sure the artist receives their proper royalties. Without taking this crucial step, the artist does not truly "own" the rights to their work. In other words, another individual could "steal" their work and make a profit from it by calling it their own. When an artist indicates on their product that public broadcast and/or reproduction are strictly prohibited, it simply is to protect the artist’s rights if someone else uses their work to generate illegal profit. Most venues, radio stations, television stations, and other media outlets pay a standard fee to the publishing companies (BMI, ASCAP, SESAC, etc) which give them the right to use media which was published under the said companies. In return, the publishers issue royalty checks to those artists based on many different factors of usage. Therefore, in most cases, club/venue DJs are allowed to use copy write protected material because legit venues pay their publishing dues. Check out the ASCAP website. There is a semi-detailed explanation on how this kind of thing works.
In regards to Mix Tapes... There is a myth in the DJ community that putting "For Promotional Use Only" on your CD will protect you from litigation. This is FALSE. Any reproduction and distribution of copyrighted material without permission is illegal. To make your CD available to the public you will need two types of licenses, a Master Recording License and a Mechanical License. Despite this, DJ mix CDs are sold in almost every independent record store are on the whole unlicensed and technically illegal to distribute. However, DJs and producers alike often rely upon these illegal mixes in order to gain credibility, and to promote themselves to the general public. If I make a mix tape and get a bunch of record stores to sell it for me, then the corresponding labels can sue me for not getting permission to use their material. That's why the warning prohibiting the unlawful reproduction/broadcast of material is indicated on the product....to protect the artist’s rights.
In theory, burning 50 copies of your mix and handing them out to promoters would be considered a copyright violation, and the copyright owner could take legal action against you. Although the chances of this occurring in the aforementioned case are slim to none, you should still consider taking all precautionary steps if you are distributing your CD on any large scale. Should you not want to take on the task yourself, there are clearance services you can employ to take care of all the licensing for you.
Master Recording License
This is obtained by the entity holding the rights to the actual sound recording, i.e. the record label. Try asking them for a gratis use for promotional purposes. If they deny the gratis request, or if you are selling the CD, you'll need to negotiate a fee for the Master Use. I've been told that many smaller electronic music labels, if you ask nicely, don't mind letting you use their tracks for free. It's the nature of the industry, and they'll probably be flattered and appreciate the exposure. Be sure to credit the Artist, Song, and Record Label on the CD sleeve. If you are selling your CD without a license, you're putting yourself in danger of legal action.
Mechanical License
A Mechanical License should be requested from the person who has the rights to the composition (words and music), the writer or their publisher. Ask the record company for this information when you license the Master. It's quite possible that they themselves hold the rights. Otherwise, look at the label copy for something like: Published by EMI Music Publishing. In this case EMI Music Publishing would be the organization you'd need to contact for the Mechanical License.
It is often the case that there are multiple publishers, thus multiple people or companies to contact for just one song. You have to have clearance from all parties involved. Again, you can ask them for a gratis use for promotional purposes. If denied you'll have to pay the statutory rate set by congress. The statutory rate for 2001 is $0.0755 per composition, for each unit manufactured. A good way to look up the contact information is on the performing rights society web sites:
http://www.ascap.com
http://www.bmi.com
http://www.sesac.com
In many cases you can use the Harry Fox Agency to obtain licenses at the statutory rate: http://songfile.snap.com/nonpro_search.html
Should you want to review and learn more about the US copyright act, or just simply want to argue about anything I have said.. then visit the Copyright Office web site at http://www.lcweb.loc.gov/copyright. The friendly people at the Harry Fox Agency are also available to answer questions from the general public about licensing.
The bottom line.... As always, it is better to be safe than sorry. Don't be afraid to pose questions to the labels, publishers, and the Harry Fox Agency. You might just save yourself a lot of trouble later on.
- Dj David C. |
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Last edited by djdavidc on Mon Aug 08, 2005 10:21 pm; edited 2 times in total
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DJDavidc. Thank you so much for your reply on this topic. You've answered alot of questions for me. Thanks
Take care
Val x |
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I found the link of links on copyrights etc. Check it out will benefit all of us
