Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > INTELLECTUAL PROPERTY & INTERNET LAW > Copyrights & Trademarks

Powered by Attorney Pages


  Find An Attorney In Your Area    
 



Sign up for our Free Email Newsletter
For Email Marketing you can trust
Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-30-2006, 08:31 PM
JJM JJM is offline
Junior Member
 
Join Date: Dec 2005
Posts: 26

17 U.S.C. § 114(a).


What is the name of your state? IN

Am I reading this "(a) The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (2), (3) and (6) of section 106, and do not include any right of performance under section 106(4)." [url]http://www.copyright.gov/title17/92chap1.html#114[/url] correctly in understanding that if you own a CD you can play it any time you want? I thought DJs had to pay royalties?
  #2  
Old 03-31-2006, 11:35 AM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,586
Quote:
Originally Posted by JJM
What is the name of your state? IN

Am I reading this "(a) The exclusive rights of the owner of copyright in a sound recording are limited to the rights specified by clauses (1), (2), (3) and (6) of section 106, and do not include any right of performance under section 106(4)." [url]http://www.copyright.gov/title17/92chap1.html#114[/url] correctly in understanding that if you own a CD you can play it any time you want? I thought DJs had to pay royalties?
Each song on a CD actually has two copyrights associated with it -- one for the "sound recording" (the actual song recorded in the studio), and one for the underlying "musical work" (the actual song and lyrics). Under 114, you don't need to pay a royalty to publically perform a "sound recording" -- but you still need a license for the underlying "musical work." That's why nightclubs and the like need to purchase licenses from ASCAP or BMI, to cover the royalties for the "musical works" of any songs played in their club.

There are other limitations, such as playing music in a store or retaurant, where you don't need licenses in certain cases.

So basically:

To play a recorded CD publicly, you need a license for the "musical works";

To copy a musical CD legally for resale, you need a license for the "sound recordings" and "musical works";

To cover a song, you need a license for the "musical work";

To copy a musical CD of public-domain music (such as a classical music CD) legally for resale, you need a license for the "sound recordings."
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 01:24 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.