Legal Question in Entertainment Law in California

question re copyright law for music

I am looking to start a business creating and distributing compilation cds of previously recorded music.

I have done some research re copyright laws, but am a little confused.

Do I have to get both a Mechanical License and a Master Use License? Do you have any idea as to how much these would cost. I would probably have to get a license for each song I use, right? Would I get the license once for each song or each time I want to use the song?

I believe I can go directly to the copyright owner for permission, but then there's the task of finding out who that is.....

Any advice or suggestions would be greatly appreciated.

Thanks!


Asked on 4/15/03, 12:02 am

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: question re copyright law for music

A mechanical license covers the song (i.e. composer & sheet music), while the master use license covers the performance of the song. If you are using pre-recorded music, you would need both, for each song you wish to use. The licenses would specify how many times you are entitled to use the song (or say that you are entitled to use it in perpetuity) and the amount you would pay per each use (i.e. each song, each CD sold). Generally, the royalties are administered by the performing rights societies ASCAP and BMI, if the artists are members of those societies.

As for costs of such licenses, they vary wildly depending upon the popularity of the song and performers, as well as the strength of your negotiating position. I have seen everything from a few dollars to hundreds of thousands of dollars for a single song.

Before you embark on this enterprise, it is important that you consult with an attorney competent in the area of music licensing. As you have discovered, this is a complicated area and a good attorney can save you much time and aggravation.

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Answered on 4/15/03, 4:31 pm


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