Legal Question in Entertainment Law in Florida

music laws

My husband and I have a home recording studio. We sing and play our own instruments and have produced about 60 cd's. We would like to try to sell some of our cd's on Ebay but since we sing songs by professional artists, we are concerned about copywrite laws. Could we get into trouble singing some one else's songs and selling our home recorded cd's? Thank you


Asked on 3/20/07, 4:56 pm

3 Answers from Attorneys

Johm Smith tom's

Re: music laws

Yes. Feel free to contact me regarding this; my firm focuses on Internet and entertainment law.

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Answered on 3/20/07, 4:59 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: music laws

Provided you pay the compulsory license you won't get into trouble under copyright law if all you're doing is selling the CD. It's called a cover and you're no different than the Rolling Stones singing Roll Over Beethoven. You don't need a lawyer, just contact the Harry Fox Agency (http://www.harryfox.com/index.jsp). They're website is inutitive and designed for doing it yourself without an attorney. If you publicly perform the song or have it synchronized with an audio/visual recording, there are other considerations. In those cases, you should contact an attorney familiar with the music business.

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Answered on 3/20/07, 10:58 pm
David Willig David S. Willig, Chartered

Re: music laws

While you should be familiar with the compulsory license provisions of the copyright act, you would be better served working with an attorney, particularly when dealing with publishing and performing rights agencies. Our firm can assist as we have worked on many compulsory licensing matters in music copyrights.

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Answered on 3/21/07, 10:31 am


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