DJ EL
Are there any US-based DJ's here who sell mixCD's legally? If so, what is the process?
Posted Sun 15 Jul 07 @ 8:07 am
KregCZ
I Do, But the stuff we sell are exclusives, freestyles & Artist approved songs.
Any other way is Ilegal.
You don't want to mess with the music police, they'll take your whole studio and maybe even any other assets you owen, just like they do to drug dealers.
Any other way is Ilegal.
You don't want to mess with the music police, they'll take your whole studio and maybe even any other assets you owen, just like they do to drug dealers.
Posted Sun 15 Jul 07 @ 8:43 am
bagpuss
Selling would be illegal yes, but handing out Promo CD's to select people (for free) isn't a big problem, although still considered illegal.
Posted Sun 15 Jul 07 @ 1:41 pm
DJBIGMARK
Stay away from copyrighted material and you will be ok. if not then you would need to get license for each song and that takes time and money.
Posted Sun 15 Jul 07 @ 7:11 pm
DJ EL
What would the procedure be for obtaining those rights? Who gets contacted? The label? ASCAP?
Posted Mon 16 Jul 07 @ 5:33 am
DJBIGMARK
COMMON MUSIC LICENSING TERMS
ADI
ADI or Area of Dominant Influence is the geographic area or market reached by a radio or television station. It is used by advertisers and rating companies to determine the potential audience of a station.
Blanket License
"Blanket license" is a license which allows the music user to perform any or all of over 8.5 million songs in the ASCAP repertory as much or as little as they like. Licensees pay an annual fee for the license. The blanket license saves music users the paperwork, trouble and expense of finding and negotiating licenses with all of the copyright owners of the works that might be used during a year and helps prevent the user from even inadvertently infringing on the copyrights of ASCAP's members and the many foreign writers whose music is licensed by ASCAP in the U.S. [see also Per Program License]
Dramatic or Grand Rights or Dramatic Performances
ASCAP members do not grant ASCAP the right to license dramatic performances of their works. While the line between dramatic and non dramatic is not clear and depends on the facts, a dramatic performance usually involves using the work to tell a story or as part of a story or plot. Dramatic performances, among others, include:
(i) performance of an entire "dramatico-musical work." For example a performance of the musical play Oklahoma would be a dramatic performance.
(ii) performance of one or more musical compositions from a "dramatico-musical work" accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken. For example a performance of "People Will Say We're In Love" from Oklahoma with costumes, sets or props or dialogue from the show would be dramatic.
(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action or visual representation. For example, incorporating a performance of "If I Loved You" into a story or plot would be a dramatic performance of the song.
(iv) performance of a concert version of a "dramatico-musical work." For example, a performance of all the songs in Oklahoma even without costumes or sets would be a dramatic performances.
The term "dramatico-musical work" includes, but is not limited to, a musical comedy, oratorio, choral work, opera, play with music, revue or ballet.
ASCAP has the right to license "non-dramatic" public performances of its members' works - for example, recordings broadcast on radio, songs or background music performed as part of a movie or other television program, or live or recorded performances in a bar or restaurant.
Dramatic and grand rights are licensed by the composer or the publisher of the work.
Mechanical Rights
A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD's and tapes. Recording rights for most music publishers can be obtained from
The Harry Fox Agency
205 East 42nd Street
New York, New York 10017
212-370-5330
http://www.nmpa.org/hfa.html
Music Publisher
A music publisher works with songwriters to market and promote songs, resulting in exposure of songs to the public and generating income. Music publishers "pitch" songs to record labels, movie and television producers and others who use music, then license the right to use the song and collect fees for the usage. Those fees are then split with the songwriter.
Per Program License
A "per program" license is similar to the blanket license in that it authorizes a radio or television broadcaster to use all the works in the ASCAP repertory. However, the license is designed to cover use of ASCAP music in a specific radio or television programs, requiring that the user keep track of all music used. Also, the user must be certain to obtain rights for all the music used in programs not covered by the license.
Public Performance or Performance Rights
A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.
Record Label
A record label (or record company) makes, distributes and markets sound recordings (CD's, tapes, etc.) Record labels obtain from music publishers the right to record and distribute songs and in turn pay license fees for the recordings.
Retransmission
A transmission of a performance is one that is sent by any device or process (for example, radio, TV, cable, satellite, telephone) and received in a different place. A retransmission is a further transmission of that performance to yet another place.
Sound Recording
A sound recording refers to the copyright in a recording as distinguished from the copyright in a song. The copyright in the song encompasses the words and music and is owned by the songwriter or music publisher. The sound recording is the result of recording music, words or other sounds onto a tape, record, CD, etc. The copyright encompasses what you hear: the artist singing, the musicians playing, the entire production). The sound recording copyright is owned by the record label. The copyright in the musical work itself is owned by the music publisher, which grants the record label a "mechanical" license to record and distribute the song as part of the record.
Synchronization or "Synch" Rights
A synchronization or "synch" right involves the use of a recording of musical work in audio-visual form: for example as part of a motion picture, television program, commercial announcement, music video or other videotape. Often, the music is "synchronized" or recorded in timed relation with the visual images. Synchronization rights are licensed by the music publisher to the producer of the movie or program.
ADI
ADI or Area of Dominant Influence is the geographic area or market reached by a radio or television station. It is used by advertisers and rating companies to determine the potential audience of a station.
Blanket License
"Blanket license" is a license which allows the music user to perform any or all of over 8.5 million songs in the ASCAP repertory as much or as little as they like. Licensees pay an annual fee for the license. The blanket license saves music users the paperwork, trouble and expense of finding and negotiating licenses with all of the copyright owners of the works that might be used during a year and helps prevent the user from even inadvertently infringing on the copyrights of ASCAP's members and the many foreign writers whose music is licensed by ASCAP in the U.S. [see also Per Program License]
Dramatic or Grand Rights or Dramatic Performances
ASCAP members do not grant ASCAP the right to license dramatic performances of their works. While the line between dramatic and non dramatic is not clear and depends on the facts, a dramatic performance usually involves using the work to tell a story or as part of a story or plot. Dramatic performances, among others, include:
(i) performance of an entire "dramatico-musical work." For example a performance of the musical play Oklahoma would be a dramatic performance.
(ii) performance of one or more musical compositions from a "dramatico-musical work" accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken. For example a performance of "People Will Say We're In Love" from Oklahoma with costumes, sets or props or dialogue from the show would be dramatic.
(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action or visual representation. For example, incorporating a performance of "If I Loved You" into a story or plot would be a dramatic performance of the song.
(iv) performance of a concert version of a "dramatico-musical work." For example, a performance of all the songs in Oklahoma even without costumes or sets would be a dramatic performances.
The term "dramatico-musical work" includes, but is not limited to, a musical comedy, oratorio, choral work, opera, play with music, revue or ballet.
ASCAP has the right to license "non-dramatic" public performances of its members' works - for example, recordings broadcast on radio, songs or background music performed as part of a movie or other television program, or live or recorded performances in a bar or restaurant.
Dramatic and grand rights are licensed by the composer or the publisher of the work.
Mechanical Rights
A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD's and tapes. Recording rights for most music publishers can be obtained from
The Harry Fox Agency
205 East 42nd Street
New York, New York 10017
212-370-5330
http://www.nmpa.org/hfa.html
Music Publisher
A music publisher works with songwriters to market and promote songs, resulting in exposure of songs to the public and generating income. Music publishers "pitch" songs to record labels, movie and television producers and others who use music, then license the right to use the song and collect fees for the usage. Those fees are then split with the songwriter.
Per Program License
A "per program" license is similar to the blanket license in that it authorizes a radio or television broadcaster to use all the works in the ASCAP repertory. However, the license is designed to cover use of ASCAP music in a specific radio or television programs, requiring that the user keep track of all music used. Also, the user must be certain to obtain rights for all the music used in programs not covered by the license.
Public Performance or Performance Rights
A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.
Record Label
A record label (or record company) makes, distributes and markets sound recordings (CD's, tapes, etc.) Record labels obtain from music publishers the right to record and distribute songs and in turn pay license fees for the recordings.
Retransmission
A transmission of a performance is one that is sent by any device or process (for example, radio, TV, cable, satellite, telephone) and received in a different place. A retransmission is a further transmission of that performance to yet another place.
Sound Recording
A sound recording refers to the copyright in a recording as distinguished from the copyright in a song. The copyright in the song encompasses the words and music and is owned by the songwriter or music publisher. The sound recording is the result of recording music, words or other sounds onto a tape, record, CD, etc. The copyright encompasses what you hear: the artist singing, the musicians playing, the entire production). The sound recording copyright is owned by the record label. The copyright in the musical work itself is owned by the music publisher, which grants the record label a "mechanical" license to record and distribute the song as part of the record.
Synchronization or "Synch" Rights
A synchronization or "synch" right involves the use of a recording of musical work in audio-visual form: for example as part of a motion picture, television program, commercial announcement, music video or other videotape. Often, the music is "synchronized" or recorded in timed relation with the visual images. Synchronization rights are licensed by the music publisher to the producer of the movie or program.
Posted Mon 16 Jul 07 @ 8:46 pm
DJBIGMARK
If you want to make copies of, or re-record an existing record, tape or CD, you will probably need the permission of both the music publisher and the record label. A music publisher owns the song (that is, the words and music) and a record company owns the "sound recording" (that is, what you hear... the artist singing, the musicians playing, the entire production).
If you plan to hire your own musicians and singers and create an original recording of a copyrighted song, then you need the permission of only the music publisher.
ASCAP does not license recording rights. Recording rights for most publishers are represented by the Harry Fox Agency:
Harry Fox Agency, Inc.
711 Third Avenue
New York, N.Y. 10017
Tel: (212) 370-5330
Fax: (212) 953-2384
www.harryfox.com
The name and address of the record company should appear on the record label. The Recording Industry Association of America, a trade organization for record labels, can provide you with more information on the rights of record labels.
Recording Industry Association of America (RIAA)
1020 19th St. NW, Suite 200
Washington, D.C. 20036
Tel: (202) 775-0101
Fax: (202) 775-7253
http://www.riaa.com
If you plan to hire your own musicians and singers and create an original recording of a copyrighted song, then you need the permission of only the music publisher.
ASCAP does not license recording rights. Recording rights for most publishers are represented by the Harry Fox Agency:
Harry Fox Agency, Inc.
711 Third Avenue
New York, N.Y. 10017
Tel: (212) 370-5330
Fax: (212) 953-2384
www.harryfox.com
The name and address of the record company should appear on the record label. The Recording Industry Association of America, a trade organization for record labels, can provide you with more information on the rights of record labels.
Recording Industry Association of America (RIAA)
1020 19th St. NW, Suite 200
Washington, D.C. 20036
Tel: (202) 775-0101
Fax: (202) 775-7253
http://www.riaa.com
Posted Mon 16 Jul 07 @ 8:51 pm