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COPYRIGHT YOUR OWN MATERIAL
Technically,
once you have recorded a song it is copyrighted. In
order to ensure that this copyright will hold up in
court, we strongly recommend that you copyright all
of your original material. An official copyright through
the Library of Congress protects you from anyone being
able to record or use your songs without your specific
permission, or without compensating you for the right
to use it.
To
Copyright your original material:
-
Download and complete the appropriate copyright registration
forms. In most cases, these will be Form PA (Performing
Arts), and/or Form SR (Sound Recording) from the Library
of Congress.
-
Get together a CD or tape recording of the songs you want
to copyright.
-
Get together a lyric sheet for all of the songs on the
CD or tape.
-
Submit the above items along with a filing fee to the Library
of Congress. Within about 2-3 weeks, you will receive a
written confirmation that your copyright application is
being processed. Although it may be several more months
before your Copyright Certificate arrives, at this point
you may wish to join a music licensing company such as
ASCAP (212-621-6000, www.ascap.com),
BMI (212-586-2000, www.bmi.com),
or SESAC (212-586-3450, www.sesac.com)
that can help you track the usage of your music and collect
royalties for that usage.
COVERING COPYRIGHTED WORK
To cover a copyrighted piece, you'll need to obtain a Mechanical
License to manufacture and distribute your version of the
covered material.
A
Mechanical License is written authorization from the publisher
to manufacture and distribute a record, CD, or audio tape
for a specific copyrighted musical composition. This is
used for an audio-only recording, such as a compact disc,
audio tape, or phonograph record. A mechanical license
does not include lyric reprinting or sheet music, or use
of previously recorded or sampled material. For these rights,
you must contact the copyright owner directly.
If
you can't find the copyright owner using the search feature
on the right, you can find out who owns the copyright by
contacting one of the following companies directly: ASCAP
(212-621-6000, www.ascap.com),
BMI (212-586-2000, www.bmi.com),
or SESAC (212-586-3450, www.sesac.com).
Once
you've found the copyright owner, you must obtain permission
to use their content. You can either contact the copyright
owner directly to negotiate your own rate, or you can contact
the Harry Fox Agency (212-370-5330) who is authorized to
issue mechanical licenses. Harry Fox Agency has made this
process very simple if you visit www.songfile.com.
NOTE:
If the rights to the content on your project belong to
someone else, the copyright owner must be credited somewhere
on your artwork.
TO MAKE A COMPILATION OF PREVIOUSLY RELEASED
MATERIAL
If
you are making a record that is a compilation
of previously released, copyrighted material
(i.e. for a soundtrack, a greatest hits album,
etc...) you must obtain permission to use the
material from the owner of the sound recording
copyright FOR EACH TRACK! Each copyright owner
must issue you a Master Use License.
A
Master Use License (also called a Master Recording License,
or Sound Master License) is written authorization from
the copyright owner to use their existing recorded material.
This includes vocals, music, recognizable melodic and/or
beat patterns, TV/movie dialog, spoken dialog, speeches,
and sound effects. The most common example of this is when
existing copyrighted material is sampled (whole or in part)
and included in new recordings. This also applies to compilation
recordings that feature original artists.
In
order to manufacture and distribute your recording, you
must also obtain a Mechanical License from each copyright
owner.
A
Mechanical License is written authorization from the publisher
to manufacture and distribute a record, CD, or audio tape
for a specific copyrighted musical composition. This is
used for an audio-only recording, such as a compact disc,
audio tape, or phonograph record. A mechanical license
does not include lyric reprinting or sheet music, or use
of previously recorded or sampled material. For these rights,
you must contact the copyright owner directly.
You
can find out who owns a copyright by contacting one of
the following companies directly: ASCAP (212-621-6000, www.ascap.com),
BMI (212-586-2000, www.bmi.com),
or SESAC (212-586-3450, www.sesac.com).
Once
you've found the copyright owner, you must obtain permission
to use their content. You can either contact the copyright
owner directly to negotiate your own rate, or you can contact
the Harry Fox Agency (212-370-5330, www.songfile.com)
who is authorized to issue mechanical licenses. A copyright
attorney or similar fee-based service agency can help you
obtain the Master Use License.
NOTE:
If the rights to the content on your project belong to
someone else, the copyright owner must be credited somewhere
on your artwork
TO MAKE A COMPILATION OF ARTISTS RELEASING NEW MATERIAL
OR COVERING OTHER'S MATERIAL
For each artist appearing on the recording that is signed
with a label, you'll need to obtain a Courtesy Agreement
from the artist's label in advance. For each artist appearing
on the recording that is unsigned, you will need to obtain
written permission to have their song appear on your recording.
A
Courtesy Agreement is written permission given by a recording
company to have one of their signed artists appear on another
company's recording.
If
any of the artists are covering other's material, you must
also obtain a Mechanical License from each copyright owner.
A
Mechanical License is written authorization from the publisher
to manufacture and distribute a record, CD, or audio tape
for a specific copyrighted musical composition. This is
used for an audio-only recording, such as a compact disc,
audio tape, or phonograph record. A mechanical license
does not include lyric reprinting or sheet music, or use
of previously recorded or sampled material. For these rights,
you must contact the copyright owner directly.
If
you can't find the copyright owner using the search feature
on the right, you can find out who owns the copyright by
contacting one of the following companies directly: ASCAP
(212-621-6000, www.ascap.com),
BMI (212-586-2000, www.bmi.com),
or SESAC (212-586-3450, www.sesac.com).
Once you've found the copyright owner, you must obtain permission
to use their content. You can either contact the copyright
owner directly to negotiate your own rate, or you can
contact the Harry Fox Agency (212-370-5330, www.songfile.com)
who is authorized to issue mechanical licenses.
NOTE: If the rights to the content on your project belong
to someone else, the copyright owner must be credited
somewhere on your artwork.
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