How do I legally record a person with a CDG to sell it?

[SteveWalker]

MTU stated:

8. Someone CAN NOT take a recording (CD or other media) with their voice and music they purchased one copy of and make copies of that work and sell or give it away.

So how do I legally do this? Who do I contact to get permission and pay royalties and copyrights?

Steve

[jimbo]

You would need to get the permission from at least 2 parties. 1) The manufacturer. 2) The original copyright holder and/or Harry Fox Agency. There is lots of paperwork and of course, fees.

Jimbo

[admin]

If the singer brought their disc and you played / recorded it with their voice, they already own the disc and have paid the royalties.

If the singer is using music you bought, and they have not bought the disc with the music you are playing, then you are illegal... UNLESS... you have purchased a copy of the disc you are playing and you sell it to them; i.e. you have paid the royalties for THEIR COPY, and THEY reimburse (purchase it from) you. Then, the producer and artist have been paid for the copy you are selling.

However, you MUST deliver the original purchased copy of that disc to the Singer who you recorded, who is paying you. They must walk out with your CD with their voice recorded with the music, AND... the original CD/CDG disc with the music you played and recorded with the singer.

[jimbo]

Never thought of it that way, but that is correct (depending what manufacturer you talk to).
Now, if the singer then decides they want to copy and sell their rendition, then you will need to contact those mentioned above.

Jimbo

[SteveWalker]

Originally posted by admin
However, you MUST deliver the original purchased copy of that disc to the Singer who you recorded, who is paying you.[/b] They must walk out with your CD with their voice recorded with the music, AND... the original CD/CDG disc with the music you played and recorded with the singer.

Admin,

That is what I thought of last night to do for someone who just wants their own personal recording. I have a few scenarios to deal with which as I will be doing this in my studio but I wish to be sure to do it right:

1. How many copies of this recording can I legally make for the client? Just one for the client that owns the CDG?

2. Suppose the client wants two copies of their recording. Can I legally give them two copies? Or, do they have to have one CDG for each copy? Of course I can send them away with one copy and tell them whether or not it is legal to copy it so I'm out of the loop, right? Perhaps a signed agreement would be in order.

3. In another case I have a professional singer/client who wants me to make 50 copies the client intends to sell them to their fans. Is it legal for me to give them 50 copies for their personal use? And, if they sell those copies on their own am I also liable if they do not arrange contact the manufacturers and artists for permission and also pay the required fees? Should I stay away from duplication because of this?

4. Let's say that I agree to contact the manufacturers and artists for permission and pay the required fees for the clients recording. How do I know who to contact? How do I know that I've got it all covered legally?

Thanks for the advice,
Steve

[SteveWalker]

bump

[admin]

Originally posted by SteveWalker
Admin,

That is what I thought of last night to do for someone who just wants their own personal recording. I have a few scenarios to deal with which as I will be doing this in my studio but I wish to be sure to do it right:

1. How many copies of this recording can I legally make for the client? Just one for the client that owns the CDG?

Legally it is a bag of worms. If it were me, I'd do 1 for 1. THAT... I know is legal.

2. Suppose the client wants two copies of their recording. Can I legally give them two copies? Or, do they have to have one CDG for each copy? Of course I can send them away with one copy and tell them whether or not it is legal to copy it so I'm out of the loop, right? Perhaps a signed agreement would be in order.

You make 1 for 1. What they do is their legal liability. I'd warn them and yes, a signed agreement is ALWAYS a good idea. That way you are exhonerated, you have warned them, and if they choose to copy, it is their legal problem not yours.

3. In another case I have a professional singer/client who wants me to make 50 copies the client intends to sell them to their fans. Is it legal for me to give them 50 copies for their personal use? And, if they sell those copies on their own am I also liable if they do not arrange contact the manufacturers and artists for permission and also pay the required fees? Should I stay away from duplication because of this?

1 for 1!!!! See answer directly above.

4. Let's say that I agree to contact the manufacturers and artists for permission and pay the required fees for the clients recording. How do I know who to contact? How do I know that I've got it all covered legally?

GOOD LUCK!!!!!!!! You'll spend MONTHS OF TIME trying to even find out who holds the copyrights for you to pay. DON'T GO THERE! Leave it alone. You don't have the time to waste trying and probably failing... just my opinion after trying the same myself. You might try contacting the CDG disc manufacturer. They are ONE company who has alread paid royalties to produce the song. If they agree IN WRITING, then you are clear. BUT... don't make a SINGLE COPY over what you pay them for. Keep immaculate records, including times to start and stop duplication so you can prove how many you did make. Work aboveboard and folks are usually willing to work with you.

Thanks for the advice,
Steve

[jimbo]

#4 - When you do contact the karaoke manufacturer they will probably send you a license agreement. It could be a flat fee that covers "X" number of copies for the particular project or album. They will tell you that you will need to also contact the copyright holder, and if they are paying their royalties, that is easy for them to look up and give you that information. They've already spent the time doing the research and with a few keystrokes can find that information.

Record keeping is very important in case you ever get audited by BMI, Harry Fox, ASCAP, etc.

Make the client do the legwork. It is the client that will be using the license agreement, not you. Make sure you see signed license agreements before making copies.

Jimbo

[SteveWalker]

Jimbo,

Have you done this? What I mean is have you contacted these people to get permission and pay the fees? If yes, can you please explain how you did it, who exactly you had to contact in you case and what what fees you had to pay?

Thanks,
Steve

[SteveWalker]

GOOD LUCK!!!!!!!! You'll spend MONTHS OF TIME trying to even find out who holds the copyrights for you to pay. DON'T GO THERE! Leave it alone. You don't have the time to waste trying and probably failing... just my opinion after trying the same myself. You might try contacting the CDG disc manufacturer. They are ONE company who has alread paid royalties to produce the song. If they agree IN WRITING, then you are clear. BUT... don't make a SINGLE COPY over what you pay them for. Keep immaculate records, including times to start and stop duplication so you can prove how many you did make. Work aboveboard and folks are usually willing to work with you.

Admin,

Thank you for the honest advice to my question. I tend to be conservative when it comes to these things. I would even be conservative on my local scene because even with small distibution of say 50 copies, it only takes one person who can turn everything upside down.

My conclusion at this time would be to do the one-for-one copy of the song and have my client read and sign an agreement about the copyright. My client will sign this agreement freeing me from any liability to what they may choose to do after they leave my studio. The client will have a copy that they can personally make 50 copies of or hire someone else to do it but it will not be my responsibility.

Another scenareo is the musician who wants to re-make a song written by another songwriter and performed by another artist. In this case we will perform and record the music in my studio so there will be no karaoke CDG/manufacturer involved just the original people. This has been done many times in the past by other artists so I will most likely use a copyright attorney for this purpose.

Steve

[jimbo]

Steve,
Try this. http://www.priddis.com/license.htm

Hopefully that will answer some questions. Contact Lainee.

jimbo

[SteveWalker]

jimbo,

Thanks for the link. I take it that you have never done this before as you did not answer my question. That's really not important as long as I can get what I looking for.

thanks,

Steve