Mirror of Justice - All about Law and More
*Home>>>Intellectual Property

Is sale of an audio CD with a covered song illegal?

Because my band wanted to sell our CD and include our cover/version of a song from another band with full credit. We're sort of skeptical though because it might cause legal issues.

Is this illegal? Is this considered as theft of intellectual property?

No. It is intellectual property. You should pay royalties to the composer.

It would be wise, if it is an exact cover, to at least make contact with the band to ask their permission. If you don't sell much, then it wouldn't be worth it, for them, to take any legal action. However, if you were to sell 10,000 copies, then they might sue you for royalties!! I do a cover of the song glycerine by bush, and the words are the same, but the flow of the song is totally different. Then again, I don't sell CD's...Just for fun!!

There are provisions in the copyright law for this kind of activity.

There is a fixed statutory royalty you would pay for the cover. You don't need the permission of the author/composer if you follow the procedures set forth in the statute.

An intellectual property lawyer could give you specific details, and help you fill out the proper paperwork. If you don't find one locally, let me know (I'm a licensed attorney) and I can help.

Tags
　　Legal Malpractice 　　Legal Ethics 　　Landlord and Tenants 　　Labor Law 　　Juvenile Law 　　Investment Law 　　Intellectual Property 　　Insurance Law 　　Immigration Law 　　Health Care Law 　　General Civil Litigation 　　Family Law
Related information
  • Does an email recipient have a right to "publish" and/or "make public", the contents of that email, providing

    The links below are a few law places with opinions about publishing a private e-mail. It recommends a statement such as "Email sent to this address may be published or made public," etc....

  • IT question?

    copyright, but it only protects the specific code. If someone else creates the same program, using different code, no protection. Also, copyright must be registered to get maximum recovery. pa...

  • Can Disney sue Hamas for their illegal copying of Mickey Mouse?

    Absolutely yes.... but they haven't... the question is why not... they normally defend their product like a bear defending her cubs. They will haul a small Mom & Pop operation to trial for...

  • Can I Be Sued For Registering a Domain Name That Is a Copyrighted Name?

    That would be a trademark and not a copyright issue. And what you're talking about is cybersquatting: "According to the U.S. federal law known as the Anti-Cybersquatting Consumer Prote...

  • Who owns the copyright on websites?

    Simple solution, grab a tire iron, and have a "friendly" talk with that parent.

    ...
  • Law of trademarks in the uk..help please if you have done law..even better?

    "The use of material created by another on Yahoo Answers, to pass off as your own work. is called plagiarism. Plagarism, if undetected, enhances rewards for those who cheat at the expense of ...

  • Discouraged become lawyer?

    You do NOT need a sci/tech degree to work in IP law! You only need a science degree if you want to become a patent lawyer before the US Patent & Trademark Office. Every other aspect of IP law f...

  • What are the legal steps i will make when my former band stoled and recorded my own song without my consent?

    Intellectual creations such as a musical compositions are protected by law from the moment of their creation. Meaning, even if the same is not yet registered under a copyright law, the same is prot...

    • 　

    Categories--Copyright/IP Policy--Contact Webmaster