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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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| Download
the forms you need to submit with your order. |
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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. |
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 9.1¢ per song up to five minutes, $1.75 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.
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. |
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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)
• 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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| Copyright
and licensing FAQs |
•
I have a few samples on my recording. I've heard that
I'm able to include short samples without royalty clearance. Is that
true?
• If my product is for promotion only and I am
not going to sell my product, then I do still have to obtain licensing?
• I place many reorders on my selections at Disc
Makers. Does each selection need to be reviewed and must I include
an Intellectual Property Rights (IPR) form for every reorder?
• If my master source is reviewed by Disc Makers
and is considered unacceptable under the IRMA program, will my order
be canceled?
• Does the IRMA program include the review of
songwriting and publishing rights?
• Are blank Intellectual Property Rights (IPR)
forms for Audio CDs available on the Internet for me to download?
I have a few samples on my recording. I've
heard that I'm able to include short samples without royalty clearance.
Is that true? No. You need to clear
every sample on your recording, regardless of the length of the sample
– even if it’s under a second long! Prior to replication,
you need to clear all permissions to use each sample on your recording.
If you can recognize the original recording (the sample) in any way,
you are considered to have taken value. Click here
to see what license(s) are required for your project.
Back to top
If my product is for promotion only and I
am not going to sell my product, then I do still have to obtain licensing?
Yes; whether or not you sell a product is not
related to securing clearance. Permission is required to use someone
else's material, even if it is for promotional purposes only.
Back to top
I place many reorders on my selections at
Disc Makers. Does each selection need to be reviewed and must I include
an Intellectual Property Rights (IPR) form for every reorder?
If your initial order was placed prior to May 1st, 2000 (the date
when our piracy program went into effect) we will need to review your
reorder and require a completed Intellectual Property Rights (IPR)
Form. Any order placed on or after May 1st, 2000 falls under our piracy
program procedures, and does not need to be reviewed again. Once your
order has been reviewed once, it will not be reviewed again.
Back to top
If my master source is reviewed by Disc Makers
and is considered unacceptable under the IRMA program, will my order
be canceled? No, but it may be delayed!
Your project manager will explain exactly why it failed and what is
needed to bring your audio program into compliance to proceed with
your order. If you are unable to make the necessary changes, or if
Disc Makers does not receive the necessary information, your source
master will be returned to you and your order will be canceled.
Back to top
Does the IRMA program include the review of
songwriting and publishing rights?
No, but you still must secure these rights prior to replication. You
can submit your request to The Harry Fox Agency, through their on-line
songfile.com registration service, or call them at 212-370-5330.
Back to top
Are blank Intellectual Property Rights (IPR)
forms for Audio CDs available on the Internet for me to download?
Yes. Click here
to download our CD-Audio Intellectual Property Rights form.
Back to top
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