Copyrights and gifts

If I assemble a compilation CD from pieces that I extract from other store-bought CDs and plan to give it away as gifts (say, at a wedding) does this require the same mechanical liscence as CDs for sale would? I have 2 clients that want to do this, and I want to be correct with my info.

EG:
This guy has a great collection that his clients all love, so he wants to give a sampler out as gifts. Does he have to liscence the sampler, since he owns all the original CDs and he is not making money with the deal?

Thanx.

Come on Dave, you know this is a clear violation of copyright ....

Kazaa is free but look at what the RIAA is doing!

They sue 12 year old schoolgirls... for mp3's
which is not cd quality!

Why do I have the feeling that your post is a challenge to get a new debate going...

Forgettaboutit! (I learned that from Donny.)

Gary

Gary.....I'm so proud of you............... your learning BROOKLYNESE!!!!!

Copyright laws define it as "deriving benefit from", not whether or not you make money. This covers demo tapes by bands/music acts etc. too - so if you produce a demo CD of copyrighted music other than your own and give them away, you pay the same as if you sold them.

BTW: I recently learned that you can only copyright arrangements if you are the original author of the song you arrange. So I cannot copyright my unique arrangements of pop & jazz standards although I can copyright the "sound recording" of them. I learned from an experienced friend that professional arrangers get around this by copyrighting their arrangements in France, which does recognize arrangements separate from authorship. The French copyright is then recognized in the US by international intellectual property agreements.

OK then...how about the 500 copy minimum? Is there a way to get around that since I'm only making 250? Seems cheap enough for a mechanical liscence (.08 per song) IF you were selling a thousand or more but to shell out $400 bucks semms excessive to me. I'm waiting to hear from Harry Fox about the exact details.

There is no way around the 500 copy minimum license - and it must be paid prior to making the albums (CD, etc.). Check the FAQ at:
http://www.harryfox.com/

The up-front costs to make an album of copyrighted material is indeed a little intimidating, however the per-CD-cost once you've finished is really quite low.

Dave.....will you be making a CD of your own soon also?

Naw..... I don't have time to fuss about myself ! I have to feed these kids and get my arse to work each day. Recording is a luxury !

Gary.....I'm so proud of you............... your learning BROOKLYNESE!!!!!

.... in Brooklyn that would be "fuggedabowdit"
. you can take the man out of NY, but you can't take NY out of the man ... 19 years in Rhode Island and STILL a NUU YAWKA ...
t.

.. so these kids who give a CD of their favorite songs to wedding guests as a token of rememberance are in violation of the copywrite laws? ... I have seen these CDs as a growing trend as wedding favors .... could be some law suits waiting to happen? ...

Aside to UD ..... it's 'license' ...
t.

Aside to Tony: ...it's 'copyright'...

The "wedding favor" thing is only one of many possible scenerios where proper licensing of the music is required. The simple rule is that if you didn't write it but you record it, you need licensing. I'm sure that many don't obtain licensing as they should while others do, but CD's can outlive you and who knows where one you make innocently for someone will show up in the future? I don't need ghosts in my closet - while I'd like to make a goodwill wedding album for my clients too, I wouldn't unless I decided to go full tilt and do it the right way, licensing and all.


[This message has been edited by The Pro (edited 09-18-2003).]

.... WOW? .... how did I miss that?... and I wanted SO much to be correct ..... senior moment ... guess I was thinking as in 'writing' as opposed to 'owning rights to' .... thnx, Pro..
t.

Spelling was never my strong suit!
Looks like the wedding guests will be getting an unlicenced gift. Harry Fox told me that in order to get a licence for less than 500 copies, I have to go to the copyright office or the individual publisher. Whew.