Legal Question in Intellectual Property in California
copyright laws and DJ mixes
I'm a DJ and I have some music mixes that I'd like to upload into my online domain for others to download for free. Most of the records I'm using have copyright protections and I'm wondering if I have to provide royalties to the artists for using their songs which I've mixed together. Also, would adding the term ''for promotional use only'' allow me to avoid the need to pay royalties if I don't sell the music for a profit? And if I were to charge money for the music that I mix, would I have to pay royalties to all of the artists who contributed their unmixed music for that? Please note that I'm not directly copying the origional artist's music and (selling/giving it away) in it's usual format, but mixing it into a continuous interconnected song that is substantially different than each individual artist's origional creation. Thanks in advance.
-DJ DtD
1 Answer from Attorneys
Re: copyright laws and DJ mixes
You are essentially using someone else's work without permission, so yes you would need to make arrangements for the use of the work.
Since the music is being transmitted digitally and you are changing (blending) it into your own mix you will likely need written permission from the copyright owner of the sound recording. You will likely contact the licensing department of the record company for this. Also, a fee would be paid to the publisher through the Harry Fox Agency--for the use of the published song itself. You need to go through performing societies (for example, both BMI and ASCAP) too because digital transmission like MP3s fall under their purview.
I think the New York Times recently had a Sunday Section article on MCs who were remixing by the way.
Contact me if you want me to help. I represent a start up rap label who may encounter similar issues.
RP
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