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PostPosted: Sun Nov 20, 2005 9:39 pm 
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Wow, thanks for the great respnse to my question.  Since my post i've done some research and founfd out there is something called compulosry licensing which makes it legal to record others songs and sell them if you meet some guidlines set by the U.S. Copyright office.  Fisrt you must submit a letter of intent to the original publishers of the material, then you must have or obtain the rights to the actual recordings, then you have to send a monthly statement of sales and also an annual statement.  That's it!  There is also a company that does that right now, legally...i will find the name and post it....


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PostPosted: Mon Nov 21, 2005 7:36 am 
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http://www.bmi.com/licensing/license.asp

this explains it very clearly

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PostPosted: Mon Nov 21, 2005 8:03 am 
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thanks Kat, and the company that does this for karaoke singers automatically is called "The Sing and Sell Company" located on the internet at http://digipie.com .   They are charging $78 for the master download and license to sel.


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PostPosted: Wed Nov 23, 2005 5:06 am 
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You need to be careful because of the way you're working all this.

You are dealing with two different licensing mechanisms.

1. Compulsory licensing is designed for the songwriter(s) who's music is used by another band.  Think Johnny Cash singing Trent Resnor's 'Hurt'.  There is a compulsory rate that is paid for affixing that song to the media called a mechanical reproduction license that is currently priced at 8.5 cents per copy per track.  These licenses are typically arranged through the Harry Fox Agency (HFA.org) and require a minimum of 500 copies be paid for in ADVANCE.  If you are a big artist often you can arrange other licensing fees to reduce or do away with completely with the mechanical reproduction license.

2. The license of a performance is something else entirely.  This requires a special license that allows you to use someone else's actual performance of a third party's song.  This typically requires a special license directly from the performer or the company that did the performing.  These are directly commercial uses of the tracks and need to be addressed on a song by song basis with each manufacturer.  Most have a mechanism for recording copies of other people singing (a derivative work) in a business like a karaoke booth.  They also allow for copying of a single song if you intend to use it to obtain work (use it in a demo).  Sound Choice charges $250 for creating a demo PER TRACK.

If you intend to create and sell copies I HIGHLY recommend you talk with the legal department of the manufacturer(s) you'll be making copies of.  I also recommend that you talk with an attorney that is versed in copyright law, intellectual property, and licensing of intellectual property before you start working out the details.

Probably not what you wanted to hear, but I did a LOT of research on licensing, copyright, and nearly every facet of IP law to try and transfer my media legally.  I came across a lot of other information along the way.... including what I posted above.


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PostPosted: Wed Nov 23, 2005 11:18 am 
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Great info karaokemeister.  There is a circular(73) at the U.S. Coopyright site, loc.gov that confirms most of what you say except that you don't need permission to cover anyones song once it has been released.  The Harry Fox Agency is a "private" company charging whatever they want but they are not a regulatory.  Circular 73 explains it very well.


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PostPosted: Wed Nov 23, 2005 6:03 pm 
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To cover the song in a venue there is no charge provided that you have paid ASCAP/SESAC/BMI/CCLI, but to put the song on media and sell it does require a mechanical reproduction license paid at the statutory rates.


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PostPosted: Wed Nov 23, 2005 11:07 pm 
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yes, that's right and there are new companies out there right now that offer these services for people to sell their recordings legally....i'm going to be doing some songs soon with one of them, (the one i see on this site digipie)...i will explain their process once i know it enough to do so


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