Copyrights to Demo CD's

[project.one]

Been trying to get some answers to this stuff. Since there are alot of people on here to know their stuff when it comes to this. I thought Id see what some of you could tell me.

Im planning on making a nice professional looking demo CD soon.
Booklet, cases, Silkscreened CDs and such.

However, what are the copyright laws and stuff when it comes to things like this?

I will not be selling them at all. Im paying for everything and they will be handed out. All artists are getting credit for any songs on the CD.

Am I missing anything or is there anything I need to know?

Thank you for your time.

[BenGiovanni]

As long as you state on the cd cover in the corner with small writing "For Promotional Use Only" and if you have rights to all the songs (aka bought them, or have permission from the artist to use unreleased material) then you are fine.

It only gets tricky when you want to sell them, then you would need to contact each tracks label OR the artist (most artists give their publishing rights to the label so they can sort their record sale money) each track you would need pay a certain amount of money for every copy printed.

There is WAY more to having a legally printed/catalouged cd released.

But money wise here is an example.

10 tracks total on cd.

5 tracks negotiated at 10c a piece for every sale.
5 tracks at 50c a piece for everysale.

(of course all labels charge different... so this is where hiring an accountant is worth...especially if you are dealing with 100 000+ cds)

3$ TOTAL paid towards liscencing the use of the tracks for ONE cd.

500 copies = 1500$

50c = 1250$ to be split amongst 5 tracks to pay back the labels.
(each track is 250$, which is given to the label)
10c = 250$ to be split amongst 5 track to pay back the labels.
(each track is 50$, which is given to the label)

the labels then pay the artist.
If your an artist and you had your track used on a cd... the 50$ you made off of 500 sales, you will get a 45$ paycheque because labels charge a fee for promoting your work... or whatever the agreement is that you have with the label.)

This is the most SIMPLE way to explain how money is made off of cds... but to make any real money you need to print over 3000cd's and SELL ALL OF THEM.

Tiesto however pays artists 500-1000euro to use one track, but most will do it for free for exposure.

Music aint easy...

[Technix]

Originally Posted by BenGiovanni

As long as you state on the cd cover in the corner with small writing "For Promotional Use Only" and if you have rights to all the songs (aka bought them, or have permission from the artist to use unreleased material) then you are fine.

It only gets tricky when you want to sell them, then you would need to contact each tracks label OR the artist (most artists give their publishing rights to the label so they can sort their record sale money) each track you would need pay a certain amount of money for every copy printed.

There is WAY more to having a legally printed/catalouged cd released.

But money wise here is an example.

10 tracks total on cd.

5 tracks negotiated at 10c a piece for every sale.
5 tracks at 50c a piece for everysale.

(of course all labels charge different... so this is where hiring an accountant is worth...especially if you are dealing with 100 000+ cds)

3$ TOTAL paid towards liscencing the use of the tracks for ONE cd.

500 copies = 1500$

50c = 1250$ to be split amongst 5 tracks to pay back the labels.
(each track is 250$, which is given to the label)
10c = 250$ to be split amongst 5 track to pay back the labels.
(each track is 50$, which is given to the label)

the labels then pay the artist.
If your an artist and you had your track used on a cd... the 50$ you made off of 500 sales, you will get a 45$ paycheque because labels charge a fee for promoting your work... or whatever the agreement is that you have with the label.)

This is the most SIMPLE way to explain how money is made off of cds... but to make any real money you need to print over 3000cd's and SELL ALL OF THEM.

Tiesto however pays artists 500-1000euro to use one track, but most will do it for free for exposure.

Music aint easy...

But since it's a demo CD, declaring promotional use only and all music is copyright per their respected owners and publishers - it's okay.

If selling, see above. He's laid it out quite well.

[dj_soo]

^ that's all bullshit (giving it away free and adding "for promotional use only"). It's illegal whether you intend to sell or not. You're basically making a bootleg copy of the tunes and simply the act of copy the copyrighted material is illegal.

It just happens to fly under the radar since it's not a big enough crime for the labels to care.

http://creativecommons.ca/index.php?p=mixtapes

What are the legal implications of distributing free copies of your mixtape to friends?

If you make a mixtape and do not have a licence (read: the permission) to use the songs on the mix and lend it out to friends and family, you would be infringing the copyright(s) in its songs.

[oddmud]

But, Soo. Artists aren't going to complain usually if you're not making any money on it. :)

[dj_soo]

doesn't make it any more legal. I've also seen artist/label heads threaten legal action for free mixes being posted online (the whole Marcus Intalex thing comes to mind).

And just because you and your breaks buddies don't care if the DJ is just giving it away for free doesn't mean that's the case for all artists/labels.

Just look at Dangamouse and the Grey Album... he was getting cease and desists even though it was being given away for free.

Anyway, besides the point. He was asking if it was legal and within the bounds of copyright law to give away demos and people were giving him the wrong advice.

[wishbone]

Informative thread, much good info has been provided by Ben and Soo, if FNK had a FAQ section this would have been a good addition

[BenGiovanni]

Most artists dont complain because its free exposure for them... but if you try to make money off of it, thats when the free exposure turns into grass being cut for the artist in terms of record/album/compilation sales.

Since its such a small quantity, it does fly by under the radar, dude even 1000 copies will fly by, just look at all the asian piracy booths at the night markets. Local cops that have nothing to do might kill sometime busting them, but in terms of corporate lawsuits, even 10 000 cd's isnt worth sueing over... legal fees will cost more then the funds extracted from the "illegal" cd. So the past 10 years the rule sat there but never got followed.

Legally if it states "For Promotional Use Only" and you are giving out a personal mix to friends and sometimes random people to give awareness to what music you spin, its not much of a problem.

But legally, yes there is no way around it...

But hey, electronica is in no need of binding to copyright laws, if everyone were to sue eachother over illegaly used tracks, the scene would be crumbling. EDM is based on underground mixes, it fuels the bedroom dj's and producers to try harder.