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CD Replication: Recommended Licensing Tips and Considerationsby Morris Anderson
Published on this site: September 2nd, 2006 - See more articles from this month
But wait , there are potential land-mines around the corner if you're not careful. Have you covered someone else's song? Do you have samples of another artist's music on your CD? What about copyright issues - both on your material, and anyone else's? Unless you pay careful attention to the finer details, you could get burned - legally or otherwise... Ouch! The following tips, recommendations, considerations and answers to common questions that will help prevent you from falling into any land-mines or legal licensing pot holes and enable you to move forward on a successful CD replication project: Covering Someone Else's Song: While many artists think it's ok to cover someone else's original performance without the necessary mechanical license - especially if there are no samples of that performance on their disc - you are in a legal grey-area and run the risk of having problems later on. It is therefore recommended that you obtain the mechanical license to comply with copyright laws and to properly pay royalties to the original songwriter. Tips and Recommendations:
Sampling other Artist's Songs: This is not a grey-area, but a hard and fast rule: Tips and Recommendations:
Question: What is a IP Replication Rights Form? Answer: Most reputable CD replication companies have joined the
Anti-Piracy Compliance Program run by the International Recording Media
Association (IRMA). The IRMA protects copyright holders (owners) from
unauthorized duplication of their materials (intellectual property). The
IRMA also goes after pirates and replicators who duplicate unauthorized
product. What this means * Obviously this would be an extreme example, but the threat
remains and no reputable replication company would take the risk. They
would simply reject your masters and refuse to duplicate - and many change
a cancellation fee. It's your responsibility to gather the required licenses/releases
ahead of time. Answer: You would get in touch with the US Library of Congress (www.copyright.gov) to request the forms needed to copyright your music.
In Conclusion: Cutting your master disc is only the beginning on your road to a successful CD release. Before anything else, you need to make sure you have the licensing paperwork in place. If you send a master to a CD replication company who doesn't ask you for IPR paperwork - Run! Piracy is a big problem in the industry and agencies like the IRMA are actively pursuing those individuals and companies not following the rules. You have been warned.
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