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Is it legal... (pg. 3)
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| webmeister |
It works a similar way here in Oz .. the club/venue has to pay a licensing fee to the APRA (Australian Peforming Rights Association), which allows them to broadcast copyrighted music for profit. I'm under the impression that the venue is supposed to keep accurate tracklists as well, but I'm not sure exactly how this is enforced....
So to answer your original question Mike, I think you'll find that playing a track off a mixed CD is bound by the same laws as playing a track from vinyl.
But don't quote me on that :p |
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| dj_moonshine |
| quote: | Originally posted by doof doofer
Copyright law prohibts the public performance of all music without the consent of the owner. there are some exceptions, but this rule applies to your question. i.e. whether its a vinyl or cd, mixed, singles or whatever, you cannot play it in public.
Clubs and other venues pay license fees (as already mentioned) to play their music. You need a similar license if you are going to play any form of music in public or for commercial gain if you do not own the copyright.
If you want to be a good law abiding citizen of course.... |
then do the dj's who use vinyl get their licences? |
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| DrummeRaver86 |
| Only one thing to say on this topic....legalities suck!:whip: :whip: |
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| doof doofer |
| quote: | Originally posted by dj_moonshine
then do the dj's who use vinyl get their licences? |
Well gernerally its up the the clubs/establishments who employ the DJ's to obtain the proper music performance license before hand, not the DJ personally.
Unless the DJ him/herself hires out a venue to play then obviously the DJ is responsible to get the performance license.
Laws differ from country to country though and im no expert so best to check with the relevant music industry association in your area before you decide to hire out a warehouse, host a rave & charge $50 at the door. |
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| Freeza |
| quote: | Originally posted by Helta
Also when you're selling a CD you have to pay royalites too,
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What about if you make a mixed CD to promote yourself, but your just giving it away to people for free, and not charging anyone anything for it - Do you still have to get the artists permission, or you don't have to since your not making any money off of it...
Does anyone know this please, thanks in advance :D |
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| doof doofer |
| quote: | Originally posted by Freeza
What about if you make a mixed CD to promote yourself, but your just giving it away to people for free, and not charging anyone anything for it - Do you still have to get the artists permission, or you don't have to since your not making any money off of it...
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Nope, can't do that either. Burning a track to a cd is "reproducing the work" which is one of the rights protected for the artist under copyright law. You can do it for your own personal use if you own the music, but you cant then give the mixed cd away (even for free) unless that person already owns all the tracks.
This is clear in Australia & the US. I imagine Europe & other countries have similar laws. |
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| bilange |
Its slighty on the subject, so i'll ask.
It seems to be legal to be able to download DJ sets (see the amateur DJ promotion section). I know it should be legal (if the DJ uses real vynil that is ;) ), but why? |
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| doof doofer |
| quote: | Originally posted by bilange
Its slighty on the subject, so i'll ask.
It seems to be legal to be able to download DJ sets (see the amateur DJ promotion section). I know it should be legal (if the DJ uses real vynil that is ;) ), but why? |
Well its not. Downloading is copying and as stated before, you cannot copy or reproduce music that you do not already own.
Doesn't matter whether its ripped from a cd or a live bootleg, you cannot download it without breaching copyright law.
Makes sense if you think about it. |
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| Dr. Cfire |
| quote: | Originally posted by joeh152
Not just bar/nightclubs. My family have a coffee shop and play a classical music radio station in the background, and still have to pay a fee.
The fee of course is more for larger venues, and it will also increase depending on how the music is played (for instance a license for just playing the radio is cheaper than one for playing CD's).
The licenses are paid to the performing rights society link. |
SO you have to pay a fee for playing hte radio that sounds like the recording industry is double dipping to me. Since the radio stations have to pay a royality fee to play the music and you have to pay a fee to listen to the radio feed. |
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| doof doofer |
| quote: | Originally posted by Dr. Cfire
SO you have to pay a fee for playing hte radio that sounds like the recording industry is double dipping to me. Since the radio stations have to pay a royality fee to play the music and you have to pay a fee to listen to the radio feed. |
Only because it's in aid of commercial activity. i.e. the radio forms part of the enjoyment that brings the customers to that particular shop over say another shop that doesn't play music. Therefore that business is earning revenue dependant on playing that music.
Well thats how the recording industry sees it anyway. and no one ever gave them credit for having half a clue. |
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| Switch |
in holland are the rules slightly different
it is allowed to have a copy of music, without even having the original.
the only thing which is illegal is sharing it. so basically i can have thousands of mp3s, and i'm still not doing illegal stuff as long as i don't share :p (i do have thousands of tracks :)) |
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| Freeza |
| quote: | Originally posted by doof doofer
Nope, can't do that either. Burning a track to a cd is "reproducing the work" which is one of the rights protected for the artist under copyright law. You can do it for your own personal use if you own the music, but you cant then give the mixed cd away (even for free) unless that person already owns all the tracks.
This is clear in Australia & the US. I imagine Europe & other countries have similar laws. |
Thanks for the reply man - I really didn't think that was the case if you weren't profiting off of it, so I'm glad that you cleared that up.
So many people do this anyways though, I'm surprised that no one ever gets in trouble? :eek: |
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