remixed said:
What is the name of your state? California
My business involves the sales of remixed songs on the internet. These songs are usually blended with other songs or sound effects. I only sell within the US. What license(s) will I need for this? If that's too broad of a question, where can I find out, definitively, what licenses I'll need for this?
Thanks.
You need two license for each and every song you used -- one for the "musical work," or the underlying song, and one for the "sound recording," which is a recorded version of that particular song. You can obtain licenses for the musical work from the Harry Fox Agency, which is a record industry clearinghouse for these licenses. Licenses for musical works are generally compulsory, which means they have to sell you one if you ask for one, and the prices are fixed (you don't have to negotiate a price).
The licenses for sound recordings, on the other hand, are NOT compulsory, and you have to negotiate directly with the copyright holder (usually the record label) to obtain a license. So, even if the record label is willing to issue you a license (and they don't have to), you will have to negotiate a price.
I guess if the record label won't issue you a license, or charges too much, then you could use your musical work license to record your own cover of the song...
And BTW, legalcuriosity is correct in that if you do this without a license, you could be sued for infringement -- however, legalcuriosity is NOT correct in that your damages will be YOUR profits (if any). In fact, the measure of damages for infringement of a registered copyright is EITHER the copyright holder's LOSS of profits (not your gain in profits) OR damages in an amount set by statute, generally whichever is greater, and statutory damages run from $750 to $30,000 per infringed work. In other words, even if you don't make any money, and the copyright holder doesn't lose any money (or can't prove it lost money), you can still be spanked for statutory damages...
