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DJ Salty Flavor
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« on: October 19, 2006, 08:28:01 PM »

Okay so here's the deal.  I have a CD it's my first one.  It's an electronic CD and it has some remixes on it and some orignial songs and some other fun stuff.

I have remixed other people's songs.  One of which I have a mechanical liscence to reproduce.  I have another one that I have an e-mail from that said after the first 500 copies I can pay them royalties on it.  Another remix I need to contact the artist on. 

Basically I was going to give all my CD's away.  I have burned 100 and am going to burn another 100.

What kind of copyright issues can I get into doing this?  I am not too concerned about this but my wife doesn't want to get into any trouble.

I understand that I can fill out a form and mail my CD to the library of congress and get it copyrighted. 

What is the best or right thing to do in this situation. 

From a confused new bedroom DJ

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Dave Richards
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« Reply #1 on: October 19, 2006, 10:25:09 PM »

1) When confused about copyrights, talk to an entertainment lawyer rather than a messageboard Wink Most of us are just as confused as you.
2) You can copyright a compilation of tracks as in "Dave's Album O Fun" and then copyright the individual tracks. The two are done seperately. Most of us haven't even taken this much time.
3) Agreeing to pay royalties on a CD that you are giving away seems.... odd and worthy of that lawyer I mentioned.
4) It's a 5 min question. $0.07 per copy per track liscensed still would have to be paid I believe. If you did this a dj mix demo for free, you could get away with it based on the social acceptance of dj demos. Regardless, you are still supposed to pay for what you use. Clubs and record labels just tend to ignore this for the DJs unless they start selling enmass and saying the tracks are their creation.
5) again... talk to the lawyer and get it right.
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scott zeilenga
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« Reply #2 on: October 20, 2006, 06:42:08 AM »


I have been in the music business for over 10 years now, owned a record label, released records and generally made ever effort to get my stuff out there...   and I am still confused about copyright sometimes.  I do have a laywer from my church who helps me when I run into trouble so redsavior is definately giving you wise advice on getting one on your team.  Even if you have a friend who can just answer typical legal questions who is in that field is good.

here is another discussion topic about it : http://www.tastyfresh.com/component/option,com_smf/Itemid,97/topic,5457.0

z.
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djrodimus
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« Reply #3 on: October 20, 2006, 09:22:48 AM »

This is a question that all new (and old) DJ's deal with. Before I started producing mixes I contacted several very popular Digitally Imported DJ's (their names will remain anon but lets just say their mixes get VERY VERY HEAVY ROTATION) and I was told the same thing by each one... If you are a DJ and you're spinning a track that was produced in a different country, IE: Netherlands, Germany, France..etc and let’s say you live in the U.S. (like me) those tracks are ONLY COPYRIGHTED in their native countries.  I looked into with my good friend (who happens to be a lawyer) and I was told basically the same thing. On average it’s about $10,000 to file a WORLD-WIDE copyright and that I know of no EDM producers / DJ's have done this yet. I could be wrong about that but I can't seem to find anyone that is willing to pay 10K for world-wide rights to their track. Now, if you are spinning someone’s track that was created in the U.S....well you better be ready to shell out some loot. (-: Aside from all the legal crap, it's been my experience that most producers WANT you to use their tracks to help promote their work and the scene in general... hope this helps... good luck!
« Last Edit: October 20, 2006, 09:25:56 AM by djrodimus » Logged



SonicSpike
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« Reply #4 on: October 30, 2006, 09:11:48 PM »

those tracks are ONLY COPYRIGHTED in their native countries.  I looked into with my good friend (who happens to be a lawyer) and I was told basically the same thing.
Not necessarily true. Ever hear of the Berne Convention?  If not, take a look here: http://en.wikipedia.org/wiki/Berne_convention

On average it’s about $10,000 to file a WORLD-WIDE copyright and that I know of no EDM producers / DJ's have done this yet. I could be wrong about that but I can't seem to find anyone that is willing to pay 10K for world-wide rights to their track.
Not mean to be demeaning, but your statements give me a headache. First off, copyright is not recognized in all forms in all countries. Those that have signed international agreements to recognize copyrights from other nations are the only ones that play. There might be some sort of WTO 'copyright' available, but generally, if you live in Western Civ, having a copyright in your country will probably protect you for the majority of international markets you will ever deal with.

Now, if you are spinning someone’s track that was created in the U.S....well you better be ready to shell out some loot.
Spinning someone else's track costs you nothing in the US unless you happen to own a venue. Then your royalties are probably covered by BMI/SESAC/ASCAP annual blanket license fees. Notice that spinning |= remixing or putting into a compilation track.
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SonicSpike
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« Reply #5 on: October 30, 2006, 09:23:17 PM »

You can copyright a compilation of tracks as in "Dave's Album O Fun" and then copyright the individual tracks. The two are done seperately. Most of us haven't even taken this much time.
You must first get permission from the original copyright owners to use their compositions and recordings in your compilation. The order of the compilation, the artwork, and design of the disc, etc are all your copyright. But generally the original authors do not transfer exclusive copyrights to you. If the owner of the recording doesn't give you permission, then you are SOL. Your only option is to re-record it in which case you would need a mechanical license to do so. But you will be getting a mechanical license from the songwriter anyway so the only extra expense you will have is actually taking the time/equipment/talent to re-record it.

There are two types of copyright in question here. The composition/lyrics, and then the sound recording itself. They are NOT one in the same. Anyone can get a mechanical reproduction right for the lyrics/composition in the US by simply paying the standard royalty rate of $.07/copy through the Harry Fox Agency. Getting rights for the recording itself comes from the label and honestly it doesn't happen all that often without either money or clout.

3) Agreeing to pay royalties on a CD that you are giving away seems.... odd and worthy of that lawyer I mentioned.
The attorney will tell you this: You do not have the right to 'copy' (thus the word "copyright) unless you pay the mechanical royalty for the lyric/composition. Therefore you do not have a right to distribute, if if you are making no profit. The copyright holder has the exclusive distribution rights unless he transfers those rights to another entity (such as a record label, distribution company, iTunes, BeatPort, etc).

Clubs and record labels just tend to ignore this for the DJs unless they start selling enmass and saying the tracks are their creation.
Yes - the non-dance/electronica music industry takes a VERY different approach to this. However here in electronica world copyrights are not always fought for all the time unless of course there is big money changing hands.
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SonicSpike
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« Reply #6 on: October 30, 2006, 09:35:50 PM »

I have remixed other people's songs. 
If you release that you legally should get permission from the songwriter and the person who holds the copyright to the recording. In electronica world they are often 1 and the same.

Basically I was going to give all my CD's away.  I have burned 100 and am going to burn another 100.
  The rate is $.07/song. Assuming 10 songs that comes out to $140 in royalties that are due to the songwriter for use of the lyrics/composition. This does not include royalties for the use of the actual sound recordings.

What kind of copyright issues can I get into doing this?  I am not too concerned about this but my wife doesn't want to get into any trouble.
As mentioned previously in electronic world people don't really care that much. But if a lot of money ($10k +) begins to change hands then one quickly becomes a target for a lawsuit if they are not following the rules.

I understand that I can fill out a form and mail my CD to the library of congress and get it copyrighted. 
This is a common misunderstanding. Assuming the work is original, once you fix it in a 'tangible medium of expression' it is protected by copyright law. If you want to register it, then you send it to the US Copyright Office with the registration fee ($35 per song) and they will grant you a formal copyright registration. This is easy to do as one can download the form from the USCO website. However, this is not absolutely necessary unless you are going to be a professional life-long musician/songwriter/producer. The only benefit to registering a copyright is that it gives extra prima facia evidence to the original owner in case of a law suit. Also it infers widespread access in case of a lawsuit too.


Just in case you are wondering I have a degree in the recording industry, and I am an audio engineer. I took two semesters of copyright law in college and have a better grasp of copyright than do most non-intellectual property attorneys.
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