Re: Re: Re: re-selling wholesale music tapes on internet
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Posted by M. Arthur Auslander on August 29, 2001 at 08:03:56:
In Reply to: Re: Re: re-selling wholesale music tapes on internet posted by Steve Rue on August 29, 2001 at 03:49:53:
: : : I am considering recording an album of cover tunes, (paying the mechanical license royalties as usual) and then selling copies of the album via downloads on the Internet. Of course I am willing to pay the mechanical royalties for each download. Does the law say I need to secure a special agreement with the copyright holder of the song in order to distribute over the Internet? I would be willing to provide a third party verification system to guarantee the download counts are accurate.
: : Dear Steve,
: : If I understand what you are saying, it looks like you are asking for trouble. You can get the compulsory licence to the music but to copy and sell you are going to also have to get the rights to the performance. That is a whole nuther ballgame.
: : M. Arthur Auslander
: : Auslander & Thomas-Intellectual Property Law Since 1909
: My question is what happens when I take this right and apply it to electronic distribution?
You get licence and you create your version of the music without copying any performance, that seems ok.
I'm not going to guess about the eletronic distribution without a fee.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
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