Legal Question in Entertainment Law in California

Re:How are mix tapes not a violation of copyrights?

In the response that I got a couple months ago (listed below)by Bruce Burdick (thanks by the way) he speaks of getting an ASCAP and BMI license. Some "mix tapes" now have songs that are not in the repository of either ASCAP or BMI. How is that possible? Aren't you only allowed to use the materials in their repositories? Or can you just add any song with the anticipation that it will become part of them?

Thanks to who ever answers this,

--name removed--

Response by Bruce Burdick...

They are a violation if not licensed. Go to ASCAP and BMI and get a license. Licenses are not expensive. Then you are legal. That is how it is done.


Asked on 7/04/00, 2:26 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Re:How are mix tapes not a violation of copyrights?

Who said illegal mix tapes are not a violation of copyrights? You apparently assume incorrectly that because it is out there it must be legal. The MP3.com and Napster.com cases tell you that copyright infringement is rampant right now and that the damages can be pretty big. Some small guys slip by in all the hubub over the big players. Probably the "mix tapes" you mention are not worth litigating to whoever is being infringed.

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Answered on 9/07/00, 7:54 pm


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