Charging for Compiling Music & Copyright

From: Sandy J. Wong <starwave[_at_]batnet.com>
Date: Wed, 1 Mar 1995 16:54:53 -0800

My association with articles on multimedia copyright and software licensing on the Net has led someone to ask me of music copyrights in general.

One must be aware of music rights and must be careful about using music. The need to obtain copyright clearance remains any time someone else's original composition is transferred to any tangible medium of expression, especially when doing so generates income out of the distribution of that composition in such a medium.

If one provides a SERVICE of making a compilation or derivative work of music one owns or creates, there obviously is no problem whatsoever. As soon as one makes a compilation of music owned by others, and that compilation is sold to other than the original owner, then one must keep in mind both ownership of the composition itself and ownership of the recording.

The one obvious license you will then need, which doesn't apply to multimedia works, is a mechanical license. A compulsory mechanical license is generally available under the U.S. Copyright Act, 17 U.S.C.
*115. This license is authorization only from the composer of the work.

So much for the pragmatics of law intended for any lay person in this case. For actual legal advice on copyright and licensing issues, extending into high-technology issues, feel free to contact my colleague and author/attorney Fred Greguras,fmg[_at_]fwpa.com.



Sandy Jane Wong, M.P.A.
Write Wavelength
"Conveying the pragmatics of electronic networks" Ph: 415-851-7233
EMail: sandy[_at_]starwave.batnet.com Received on Thu Mar 02 1995 - 01:02:43 GMT

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