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| Copyrights
and licensing |
A
guide to copyrights and licensing.
Disc Makers is committed to protecting your
intellectual property – your music, film, software, presentations,
and any other copyrighted material. That's why we participate in the
International Recording Media Association's (IRMA) Anti-Piracy
Compliance Program, which protects copyright owners from
unauthorized reproduction of their property. We actively help protect
your property rights of the owners of any third-party material you
use on your project.
While intellectual property rights procedures can sometimes be time-consuming,
they are a necessary safeguard to protect the rights of everyone involved
in creating material for music CDs, DVDs, and CD-ROMs. Every
legitimate disc manufacturer will require you to prove ownership of
all copyrighted material before your discs can be replicated.
We know that obtaining copyrights and licenses
can be confusing, so we've put together these steps to help guide
you through the process. |
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 Protect
yourself from pirates - copyright your material! |
Register
all original work – songs, films, scripts, artwork, software,
etc. – with the United States Copyright Office. You automatically
own the rights to your creation, but registering it with the Copyright
Office is the best way to prove and protect your ownership.
Songwriters may also want to affiliate and license your songs with
a performing rights society, like ASCAP, BMI, or SESAC to collect
performance royalties for your copyrighted songs. |
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Obtain the rights to third-party material used in your project. |
BUSINESS
Third-party
software applications, such as Apple QuickTime, Windows Media Player,
etc. may require a license. These applications are the property of
the organizations that developed them. Even for freeware or shareware
applications, you need a User Distribution License to include
them on your project. Most software owners will require you to print
their logo, trademark, or copyright symbol on your packaging, inserts,
and discs. They may even mandate inclusion of warranty disclaimers
and other legal information. Most third-party software, shareware,
and freeware companies have downloadable licensing agreements on their
websites.
Note: If you are using someone else’s software on your
disc, Disc Makers must receive a copy of your User Distribution License
to proceed with the replication.
Music
When
your songs contain sampling.
Using a portion of another artist's work on your recording is referred
to as sampling. Samples can come from TV shows, movies, commercial
sound bites, or music clips of any kind. A sample, regardless of the
length, requires that you obtain a Master Use License to
include it on your project.
When
your disc or compilation includes previously released recordings.
For any previously released song you wish to use, you will need permission
from the owner of the master (usually a record label) in the form
of a Master Use License. The owner will generally request
information about the number of CDs you are making and the countries
where you intend to distribute, and will often charge you a fee. If
the rights to any content on your master belong to a third party,
you must also submit a completed Audio
Manufacturing Agreement or a contract authorizing you to reproduce
the recording.
Note: If your project contains even a snippet
of someone else’s recording, Disc Makers cannot begin a replication
project unless you send in a copy of your Master Use License.
When you cover someone else’s song.
When you record a cover version of someone else's song, you need to
get a mechanical license authorizing you to reproduce their composition.
You can find out who owns the copyright by contacting ASCAP, BMI,
or SESAC. Then either contact the owner directly and negotiate your
own rate, or contact the Harry Fox Agency and pay the prevailing statutory
rate of 8¢ per song up to five minutes, $1.55 per minute per
song over five minutes. Applications for less than 2,500 copies can
be made online at www.songfile.com.
Note: It is your responsibility to obtain a mechanical license
when covering someone else’s song on your disc and to properly
credit the copyright owner on your artwork.
FILM
When
copyrighted music is included in a film, the specific recording
of the composition is usually owned by the artist's record company.
A Film Master Use License must be obtained prior to replication.
When music is used in a film there are potentially two separate copyrights
involved that need to be licensed. In addition to the Film Master
Use License (which covers usage of the actual recording), there is
another license called a Synchronization License (which covers the
music publishing). A Synchronization License is provided by the publishing
company and although it is required by law, it is not needed prior
to replication.
Note: If you are using someone else’s copyrighted music
in your film, Disc Makers must receive a copy of your Master Use License
to proceed with the replication. |
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Submit a completed IPR form. |
To
avoid delays, you must submit the following to Disc Makers with your
master:
• A completed Intellectual
Property Rights (IPR) form.
•
A completed and Audio
Manufacturing Agreement (only needed if the rights to content
on your master belong to a third party).
Copies of the following licenses:
•
Master Use License (if your audio project contains samples
or whole songs of previously released recordings)
•
Film Master Use License (if you are using someone else’s
copyrighted music in your film)
•
User Distribution License (if you are using someone
else’s software on your disc)
Reminder:
Owners of all rights to music you use should be credited on your artwork
(for music CDs) or in the on-screen credits (for films on DVD). |
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