17 U.S.C. § 114(a).

[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)." http://www.copyright.gov/title17/92chap1.html#114 correctly in understanding that if you own a CD you can play it any time you want? I thought DJs had to pay royalties?

 

[divgradcurl]

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)." http://www.copyright.gov/title17/92chap1.html#114 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."