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I've done some research and have found that selling copyright protected
music can not only get you sued but arrested with federal charges.
I find this law very confusing because almost every urban record store
I've been in openly sells homeade dj mix tapes. Also I have seen DJ's
themselves openly advertise their mixtapes sometimes they are even
known nationaly.
I assume there is no legal explanation for this. It is probably just
the case that they figure their chances of getting arrested is very
slim.
My actual question refers to international and internet copyright laws
and the penalties for breaking them here in america. There is a foreign
radio station that broadcast a live feed over the internet. I was
thinking of recording the radio broadcast on tapes and selling the
tapes here in america (on a pretty small scale).
Although I'm worried about being being prosecuted under the federal
anti piracy laws because the feed is listed as being copyrighted and
the music they play is also copyrited.
However virtually all the music they broadcast is made in this other
country; although some of the music they broadcast does have
distributing contracts with american companies.
Does anyone know if I would be in danger of being arrested for selling
these broadcast or know where I could get more information on the
subject?
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On 4 Mar 2005 11:30:58 -0800 mctcalf213@hotmail.com wrote:
I've done some research and have found that selling copyright protected
music can not only get you sued but arrested with federal charges.
I find this law very confusing because almost every urban record store
I've been in openly sells homeade dj mix tapes. Also I have seen DJ's
themselves openly advertise their mixtapes sometimes they are even
known nationaly.
I assume there is no legal explanation for this. It is probably just
the case that they figure their chances of getting arrested is very
slim.
My actual question refers to international and internet copyright laws
and the penalties for breaking them here in america. There is a foreign
radio station that broadcast a live feed over the internet. I was
thinking of recording the radio broadcast on tapes and selling the
tapes here in america (on a pretty small scale).
Although I'm worried about being being prosecuted under the federal
anti piracy laws because the feed is listed as being copyrighted and
the music they play is also copyrited.
However virtually all the music they broadcast is made in this other
country; although some of the music they broadcast does have
distributing contracts with american companies.
Does anyone know if I would be in danger of being arrested for selling
these broadcast or know where I could get more information on the
subject?
Selling your home made mix tapes is illegal.
Even though no one has been charged does not make it legal.
The reason a radio station can air the music is due to the fact that it's
actually advertising.
And the recording studios grant a license to the station to air their
recordings.
By selling a mix tape, you have infringed on the copyright as you do not
have legal authorization from the studio(s) to do so.
In the event you do have such authority, then that is legal.
Mix tapes may fall into the "Derivative works" category and to sell them,
you need authority from the legal copyright holder. No authority, no sale.
Then you get into another legal arena as to the payment of royalty fees to
the musicians in question.
If this isn't being paid, you might get slapped with a lawsuit on that as
well.
Best thing to do is, don't do it at all.
You may want to contact the RIAA and ask them about this legal question.
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In article <d0d6ot019e0@news2.newsguy.com> "Richard" <Anonymous@127.001> writes:
The reason a radio station can air the music is due to the fact that it's
actually advertising.
No, "Richard", the reason that a radio station can air a recording is
that the public performance right of the copyright owner does not
apply to sound recordings.
But the public performance right does apply to copyrighted music.
And the recording studios grant a license to the station to air their
recordings.
No, performing rights organizations like ASCAP and BMI license radio
stations to broadcast the music. No license is requried from the
recording studios unless they own the copyright on the music or
musical arrangement.
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On 4 Mar 2005 11:30:58 -0800 mctcalf213@hotmail.com wrote:
Selling your home made mix tapes is illegal.
Right.
Even though no one has been charged does not make it legal.
Right.
The reason a radio station can air the music is due to the fact that it's
actually advertising.
And the recording studios grant a license to the station to air their
recordings.
Completely wrong. Radio stations pay a license fee to BMI or ASCAP, which
administers public performance rights for the copyright owners.
By selling a mix tape, you have infringed on the copyright as you do not
have legal authorization from the studio(s) to do so.
Not the "studio." The copyright owner, which may or may not be the record
company, the publisher or the recording artist. Studios don't own the
copyright to music recorded in their facilities.
In the event you do have such authority, then that is legal.
Mix tapes may fall into the "Derivative works" category and to sell them,
you need authority from the legal copyright holder. No authority, no sale.
Then you get into another legal arena as to the payment of royalty fees to
the musicians in question.
If this isn't being paid, you might get slapped with a lawsuit on that as
well.
Nope. Wrong again. Musicians don't have a protectable interest in their
performance. The recording is protected by copyright, as is the underlying
musical work.
Best thing to do is, don't do it at all.
You may want to contact the RIAA and ask them about this legal question.
You might want to ask a qualified lawyer, rather than depending on anonymous
lay advice on the internet.
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Thanks for your concern but I'm not going to rely on any advice I from
here. I'm trying to get a general idea from and get pointed in the
right direction.
Would it be likely a lawer would give me aswers to these questions for
free or would I have to pay for consultation?
PTRAVEL wrote:
Right.
Right.
Completely wrong. Radio stations pay a license fee to BMI or ASCAP,
which
administers public performance rights for the copyright owners.
Not the "studio." The copyright owner, which may or may not be the
record
company, the publisher or the recording artist. Studios don't own
the
copyright to music recorded in their facilities.
Nope. Wrong again. Musicians don't have a protectable interest in
their
performance. The recording is protected by copyright, as is the
underlying
musical work.
You might want to ask a qualified lawyer, rather than depending on
anonymous
lay advice on the internet.
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mctcalf213@hotmail.com wrote:
Would it be likely a lawer would give me aswers to these questions
for free or would I have to pay for consultation?
First you want to steal other people's hard work and creativity, now
you want people to give you their expertise for free.
Do you think people spend years in school and years getting experience
and continuing education to give it away to cheapskates and criminals?
Why don't you stop focusing on what you can get away with and start
treating people the way you would want to be treated? Is a petty thief
all you can manage to amount to in life?
Ferrari
Summary of question:
There is a foreign radio station that broadcast a live feed over the
internet. I was thinking of recording the radio broadcast on tapes and
selling the tapes ... I'm worried about being being prosecuted ...
because the feed is listed as being copyrighted and the music they play
is also copyrited. ... Does anyone know if I would be in danger of
being arrested
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Thanks for your concern but I'm not going to rely on any advice I from
here. I'm trying to get a general idea from and get pointed in the
right direction.
Would it be likely a lawer would give me aswers to these questions for
free or would I have to pay for consultation?
Most lawyers will do an initial consultation without charge. If you call
your local bar association, they'll be able to direct you to someone in your
geographic area who can assist.
PTRAVEL wrote:
which
record
the
their
underlying
anonymous
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Richard wrote:
On 4 Mar 2005 11:30:58 -0800 mctcalf213@hotmail.com wrote:
Selling your home made mix tapes is illegal.
Even though no one has been charged does not make it legal.
The reason a radio station can air the music is due to the fact that it's
actually advertising.
And the recording studios grant a license to the station to air their
recordings.
By selling a mix tape, you have infringed on the copyright as you do not
have legal authorization from the studio(s) to do so.
In the event you do have such authority, then that is legal.
Mix tapes may fall into the "Derivative works" category and to sell them,
you need authority from the legal copyright holder. No authority, no sale.
Then you get into another legal arena as to the payment of royalty fees to
the musicians in question.
If this isn't being paid, you might get slapped with a lawsuit on that as
well.
Best thing to do is, don't do it at all.
You may want to contact the RIAA and ask them about this legal question.
It would figure that you support the RIAA, you pedo scum
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Lee Hollaar wrote:
No, performing rights organizations like ASCAP and BMI license radio
stations to broadcast the music. No license is requried from the
recording studios unless they own the copyright on the music or
musical arrangement.
Typically the copyright for the recording is held by the (original)
record company and the copyright for the song is held by the
songwriters' publishing companies. Sometimes a songwriter or band owns
the copyrights personally (e.g., Bruce Springsteen.) Royalties are
collected from radio stations, bars, etc. by ASCAP, BMI, SESAC, PRS and
any other performing rights organizations whose acronyms I have
forgotten.
Copyright infringement is a civil violation, not a criminal one.
As for the question of why record stores sell mixtape CDs with
impunity--- the main reason is that it's not cost effective to sue
them, and there really isn't any crime per se being comitted. Also,
record stores don't collect or pay royalties: that is the
responsibility of whoever it was who compiled the CD. There are also
some cases where, for one reason or another, the compilers actually do
have the rights to re-release the tunes on the CD. And, sometimes the
CD is purportedly (or even actually) a legal promotional CD for use by
DJs, etc., in which case the record comapny is allowed to make the CD
and the original recipient is allowed to play the CD--- but not to sell
it or give it away. But, once it's out of the original recipient's
hands, the disc can (probably) be bought and sold with impunity.
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In article <1110152613.074245.132830@l41g2000cwc.googlegroups.com> "Timothy" <horrigan@aol.com> writes:
Copyright infringement is a civil violation, not a criminal one.
Copyright infringement can be both.
Criminal copyright infringement requires willfulness and either being
done for purposes of commercial advantage of private financial gain,
or the reproduction or distribution above a certain amount. See
17 USC 506.
Note that only the Department of Justice (normally through the U.S.
Attorney for a particular district) can bring a criminal infringement
prosecution.
The penalties can reach 10 years in prison and a substantial fine.
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