bout to drop a mixtape, copyright question

[Mystic XL]

i've compiled a mixtape with about 27 songs, 4 of my beats and the rest are lifted from popular songs... now my question is, how do i go about copyrighting it? do i just send it in to copyright.org... cause i dont think you can copyright a song that is over a lifted beat... or should i just copyright my 4 songs on my beats, or what? 'cause i wanna sell these mixtapes on my site, similar to how game sells his www.theblackwallstreet.com, check the store section. i thought you couldnt make any profit on a mixtape, he's obviously makin profit if he sellin' each for 7$ each.

 

[Mystic XL]

bump

 

[lifesourcerec]

In order for you to copyright it and sell it "legally", you must get permission from each and every record company. Most DJ's put "promotional use only" which still doesn't legally cover their @$$ and some say you are paying for shipping and the artwork (CD is free). And on Game's mixCD, who's else material is on it?

 

[Mystic XL]

In order for you to copyright it and sell it "legally", you must get permission from each and every record company. Most DJ's put "promotional use only" which still doesn't legally cover their @$$ and some say you are paying for shipping and the artwork (CD is free). And on Game's mixCD, who's else material is on it?

game is only on his cd, but he uses others beats. like he use bustas make it clap, and luniz 5 on it to name a few.

 

[The DJ PEE]

In order for you to copyright it and sell it "legally", you must get permission from each and every record company. Most DJ's put "promotional use only" which still doesn't legally cover their @$$ and some say you are paying for shipping and the artwork (CD is free). And on Game's mixCD, who's else material is on it?

i never looked at it like that. "payin for the art and the cd case, cd is free tho" DAM, thats smart.

 

[modizel]

you can copyright the sound recording, which in essence is your performance on any beat. Get form SR from the copyright office. You can also copyright the compilation

 

[Mystic XL]

you can copyright the sound recording, which in essence is your performance on any beat. Get form SR from the copyright office. You can also copyright the compilation

thanks for the help man.

 

[dvyce]

i never looked at it like that. "payin for the art and the cd case, cd is free tho" DAM, thats smart.

No, actually that is not smart at all. That is not how the law works. You can't be distributing other peoples works whether you do it for free or not. The issue is not whether or not you are making money from it... the issue is whether you are using someon elses copyrighted material - - which you are.


It's like... gee, thats nice of you... I'm paying for the stuff that you did (like the artwork and the case) but you are giving me the music that never belonged to you in the first place for free?!? wow, that's so generous. What is the logic there?

 

[dvyce]

copyrighting the sound recording will not protect your lyrics or melodies. Besides, it is still someone elses beats that you are trying to copyright the sound recording of (with some stuff you did on top of it.) i am not sure how much milage you will get out of that.

In my opinion, for trying to copyright your contribution to a work that uses unlicensed backing beats, your best bet would be this:

fill out the copyright form and where it asks for "Nature of Authorship", write "lyrics and vocal melody only" (or whatever it is that you did on the track.)

Then in section6 ("derivative work or compilation") put the names of the "preexisting works" that you used in your track where it asks for that... and where it says "Material Added To this Work", write down specifically what you added... that is the part you are trying to copyright.


That still does not give you permission to distribute the CD, but it may cover copyrighting your lyrics and melodies that you put on top so nobody can take those from you.



...but don't call me if you get sued... I'm not responsible... just giving my personal opinion here

 

[FIXX]

It would be still illegal to copyright the whole c.d. if you haven't received permission from the original creators, that includes the sample they lifted it from. If you are trying to sell a mixtape, street hustling is the only way. By law, you can sell the c.d for 7.00 if it includes shipping and handling, the case and the c.d. alone would be about $3.00 but they may be trying to say that they created the disc from scratch meaning they actaully had a disc writer create the disc. Mixtapes are supposed to be distributed free but are sold on the vendor market because vendor's and bootleggers usually don't have business licenses.

 

[Mystic XL]

It would be still illegal to copyright the whole c.d. if you haven't received permission from the original creators, that includes the sample they lifted it from. If you are trying to sell a mixtape, street hustling is the only way. By law, you can sell the c.d for 7.00 if it includes shipping and handling, the case and the c.d. alone would be about $3.00 but they may be trying to say that they created the disc from scratch meaning they actaully had a disc writer create the disc. Mixtapes are supposed to be distributed free but are sold on the vendor market because vendor's and bootleggers usually don't have business licenses.

but i'm curious to how people like mixtapemp3.com and such distribute their mixtapes online without getting in trouble. there's no way every artist is gettin' permission from every other artist.

 

[modizel]

mixtape distro is low on the totem pole. RIAA and Hollywood are too busy running after file-swappers at the moment (Look at recent Supreme Court arguments).

Do the damn thing, that's what I say. If your mixtape get the attention of the big musicmachine in the form of a artist whose beat you jacked or an A&R person, YOU'VE ACCOMPLISHED SOMETHING!

Did that s h i t hurt Dangermouse? No! He got a cease and desist letter. Now everybody knows who he is.

Take risks and let go fear.

 

[FIXX]

Totally agree. THe mixtape game is a big gray area to the RIAA mainly because they don't understand how mixtapes are made or distributed. Unfortunately, some record labels are going to jump into this for record selling strategies. Thus, promotion teams dropping big mixtapes. I say you do it. I doubt a cease and desist will come your way.

 

[The DJ PEE]

No, actually that is not smart at all. That is not how the law works. You can't be distributing other peoples works whether you do it for free or not. The issue is not whether or not you are making money from it... the issue is whether you are using someon elses copyrighted material - - which you are.


It's like... gee, thats nice of you... I'm paying for the stuff that you did (like the artwork and the case) but you are giving me the music that never belonged to you in the first place for free?!? wow, that's so generous. What is the logic there?

actually it is really smart. you may not think its right, but its smart.

yo modizel, wat ever happend to Dangermouse? didnt the beatles record label like sue him or something? i didnt think he made any money off it tho. it was just on the internet for free, was it not?

 

[dvyce]

actually it is really smart. you may not think its right, but its smart.

yo modizel, wat ever happend to Dangermouse? didnt the beatles record label like sue him or something? i didnt think he made any money off it tho. it was just on the internet for free, was it not?

It is not a matter whether or not I think it is "right" or not from a moral standpoint.

It is not smart because doing that does not make it legal. I am straight up talking about the law and nothing else.

Saying "I am selling the artwork and charging for shipping and handling, but I am giving the CD for free... so it is perfectly legal" or whatever, does not make any legal sense.

I don't care what you package the CD with... it is not yours to give away. Besides, whatever artwork (most likely a unevenly cut bad color photocopy of some image that is not the property of the mixtape maker either) included with the CD is basically worthless, and to think that someone would pay $7 for that, if there was no CD in the package, is rediculous.

Think of it this way: If you are the publisher of a magazine, you cannot just include a CD free with the magazine without getting permission from the copyright holders of the music, and say it is OK because people are paying for the magazine and you are giving the CD for free.

You still need to get permission to do that, and that (a magazine) is actually something of value that people buy on it's own.

(and, by the way, if anyone is really interested in the actually legal information.... including a CD free with something is called a "premium" and you DO need to get proper licenses to do it.)


It is not legal to sell unauthorized mix tapes... there is no gray area.


whether you will get caught is another story... but is it legal? NO.

 

[The DJ PEE]

It is not a matter whether or not I think it is "right" or not from a moral standpoint.

It is not smart because doing that does not make it legal. I am straight up talking about the law and nothing else.

Saying "I am selling the artwork and charging for shipping and handling, but I am giving the CD for free... so it is perfectly legal" or whatever, does not make any legal sense.

I don't care what you package the CD with... it is not yours to give away. Besides, whatever artwork (most likely a unevenly cut bad color photocopy of some image that is not the property of the mixtape maker either) included with the CD is basically worthless, and to think that someone would pay $7 for that, if there was no CD in the package, is rediculous.

Think of it this way: If you are the publisher of a magazine, you cannot just include a CD free with the magazine without getting permission from the copyright holders of the music, and say it is OK because people are paying for the magazine and you are giving the CD for free.

You still need to get permission to do that, and that (a magazine) is actually something of value that people buy on it's own.

(and, by the way, if anyone is really interested in the actually legal information.... including a CD free with something is called a "premium" and you DO need to get proper licenses to do it.)


It is not legal to sell unauthorized mix tapes... there is no gray area.


whether you will get caught is another story... but is it legal? NO.

i never said it was not legal. im just sayin its smart. end of story.

 

[dvyce]

i never said it was not legal. im just sayin its smart. end of story.

My point is: Since it is not a way around the law (meaning, it is still illegal) to say "I'm just selling the artwork and s/h. The CD is free" there is nothing particularly smart about it. You would be absolutely no worse off if you just said "I'm selling an illegal mixtape."


My question is: If it is still equally illegal either way, what is smart about saying "I'm just selling the artwork and charging for shipping/handling but the music is free" if it gives you absolutely no legal benefit at all to say that?

 

[dvyce]

It would be still illegal to copyright the whole c.d. if you haven't received permission from the original creators, that includes the sample they lifted it from. If you are trying to sell a mixtape, street hustling is the only way. By law, you can sell the c.d for 7.00 if it includes shipping and handling, the case and the c.d. alone would be about $3.00 but they may be trying to say that they created the disc from scratch meaning they actaully had a disc writer create the disc. Mixtapes are supposed to be distributed free but are sold on the vendor market because vendor's and bootleggers usually don't have business licenses.

Could you please post a link to some official documentation of this law? Seriously.

 

[The DJ PEE]

My point is: Since it is not a way around the law (meaning, it is still illegal) to say "I'm just selling the artwork and s/h. The CD is free" there is nothing particularly smart about it. You would be absolutely no worse off if you just said "I'm selling an illegal mixtape."


My question is: If it is still equally illegal either way, what is smart about saying "I'm just selling the artwork and charging for shipping/handling but the music is free" if it gives you absolutely no legal benefit at all to say that?

well i cant answer that. talk to all the labels who are making mixtapes and nothnig is happenin to them. so i gusse no one cares then, right?

 

[dvyce]

i've compiled a mixtape with about 27 songs, 4 of my beats and the rest are lifted from popular songs... now my question is, how do i go about copyrighting it? do i just send it in to copyright.org... cause i dont think you can copyright a song that is over a lifted beat... or should i just copyright my 4 songs on my beats, or what? 'cause i wanna sell these mixtapes on my site, similar to how game sells his www.theblackwallstreet.com, check the store section. i thought you couldnt make any profit on a mixtape, he's obviously makin profit if he sellin' each for 7$ each.

first of all, copyright your stuff (actually, why bother since nobody cares about copyrights anyway. )

second, what makes you so sure that the stuff at theblackwallsrteet is not properly licensed and legit?

third, it is not legal to sell a mixtape without getting licenses. There are no "tricks" to get around this. If you are going to do it, do it at your own risk. Just because people do it and don't get in trouble does not mean that the copyright owner can't sue... it only means that they haven't done it for whatever reason... maybe they don't know about the use, maybe they don't care...