Gear / Technical Help > TS Knowledge Base / Archive
Legal info on recording
§†∑∫åµÞ≥¥:
What about recording a cover song for an album? (ie: if I record a cover song with my guitar, burn it to CD as part of an album, then sell it on a website) Do I need to get permission from the songwriter? or just acknowledge the copyrights in the liner notes? or ?? Has anyone ever done/researched this?
dnsacks:
--- Quote from: greenone on April 14, 2005, 11:18:44 AM ---
--- Quote from: admkrk on April 09, 2005, 10:59:53 PM ---i'm no lawer, but, as long as your tape isn't up for sale(by you or anyone else), there should be no problems.
doesn't mean there, or anywere else for that matter, won't try to squeeze ya.
--- End quote ---
Exactly - that's the impression I get from the majority of the statutes posted here. There are very few states that make the actual act of recording, or possessing, or trading a recording illegal; most of them require intent to profit from the recording.
--- End quote ---
Here's the problem though. If a law criminalizes recording for profit and johnny law sees you recording, he's not going to wait 'till you're done and ask you to prove that you were, in fact, recording for profit so he can charge you under the statute. Instead, he's going to presume you are recording for profit and charge you under the statute then and there. After being charged, you have the dubious task of proving to the prosecutor/court/etc. that you were not recording for profit and thus not in violation of the statute. Once you hire a lawyer to defend you, appear in court, etc. you'll likely wish that you were recording for profit to pay the bills.
S
admkrk:
--- Quote from: dnsacks on April 15, 2005, 06:14:36 PM ---
--- Quote from: greenone on April 14, 2005, 11:18:44 AM ---
--- Quote from: admkrk on April 09, 2005, 10:59:53 PM ---i'm no lawer, but, as long as your tape isn't up for sale(by you or anyone else), there should be no problems.
doesn't mean there, or anywere else for that matter, won't try to squeeze ya.
--- End quote ---
Exactly - that's the impression I get from the majority of the statutes posted here. There are very few states that make the actual act of recording, or possessing, or trading a recording illegal; most of them require intent to profit from the recording.
--- End quote ---
Here's the problem though. If a law criminalizes recording for profit and johnny law sees you recording, he's not going to wait 'till you're done and ask you to prove that you were, in fact, recording for profit so he can charge you under the statute. Instead, he's going to presume you are recording for profit and charge you under the statute then and there. After being charged, you have the dubious task of proving to the prosecutor/court/etc. that you were not recording for profit and thus not in violation of the statute. Once you hire a lawyer to defend you, appear in court, etc. you'll likely wish that you were recording for profit to pay the bills.
S
--- End quote ---
good point. but "inosent until prooven guilty" should be able to be defended by any public defender, no problems. still waists your time and all.
dnsacks:
--- Quote from: daze on April 18, 2005, 11:13:35 PM ---The prosecutor would have the burden of proof to prove guilty beyond a reasonable doubt.
--- End quote ---
Of course -- successful prosecution would be all-but-impossible if a requisite element of the crime could not be proved. However, the issue I'm raising isn't a conviction under the statutes/ordinances/regulations, but rather the hassle and expense that would be involved with "beating" such a conviction.
Genghis Cougar Mellen Khan:
(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces copies or phonorecords of such a performance from an unauthorized fixation
Is there anyone in here that can translate Lawyerese?
Would my master be considered fixing the sounds or sounds of a live musical performance in a copy or phonorecord?
Phonorecord
A term used in legal definitions to refer to physical recordings of songs, such as vinyl LPs, cassette tapes, and compact discs.
Technically, a material object in which sounds are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or communicated, either directly or with the aid of a machine or device (U.S. Copyright Act of 1976, Section 101).
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version