i am recording a live cd by an elderly couple of country standards, with all profits going to charity.
They asked me what was the situation with royalties and copyright if it`s not for profit?
keeping in mind they hope to sell at least 50 copies!

They are very charming and a bit of a novelty act and ,for arguments sake,if they went viral where would they and i stand regarding unauthorised use?

thanks 
tony

Screwed, maybe.  You would owe 8+ cents for every mechancial copy of every song song.  Plus any other damages the lawyers could think of.

You tube is no problem - see C. Anderton's post.  So viral you would be covered.

In the real world, there is likely very little chance of consequences.  Even if you got noticed with all the noise out there, a legit non-profit would make it more difficult for the big bad record companies to come after you.  Probably a cease and desist order and the +8 cents for every song for every copy sold.  10 songs, less than a dollar a copy sold.

If it went virual and they became a hit and made money, the publishers would want money, but would want to keep that revenue stream going.

@

If they are charging for the CD's then they need to contact APRA/AMCOS and get permission to do the cover songs. They should also pay for the costs of the royalties involved. It won't be a lot but there will be costs involved.

But as it is going to charity then there may be different rules that apply, I suggest getting in contact with APRA/AMCOS to find out.

AT's post may apply to the US but be careful as our rules may be different.

thanks AT-i will make sure it`s a limited run and hedge my bets.
It`s my first field recording with the Sapphire 6 so with only 2 room mics  it may be a disaster and i may need some help here with mic placement etc .
cheers 

thanks Jeff-i will follow it up as i do a lot of live demos for cover bands,for promo work only ,not generally for sale, and always wondered what the ramifications were.
cheers

Actually and I am trying to remember my copyright class, it's pretty simple.  I think you have to purchase a license from Amcos or Apra, I'm looking up my notes as we speak.  Damm I have so many notes but here is the link to APRA detailing the process: http://www.apra-amcos.com.au/MusicConsumers/MakingRecordingsRetailSale/Makingaoneoffrecordingforretailsale.aspx what you are doing is applying for an Audio Manufacture License.  Now I can't remember the maths but it is fairly cheap to license, here is the formula Selling Price ÷ 10 works (all works on the recording) x 6.6% (the royalty rate) x 9 (the AMCOS Works on the recording). x Quantity Manufactured

Ben

hi Ben,
you`ve been quiet lately-not sure if that`s a good thing or not?

yes-i`m a member of APRA and am still waiting for a cheque!
have my ISRC code for original recordings but from memory my audio pc is registered to my builder so if i made an un-authorised copy of a current song would my pc identify me as the source and could they force him to reveal whom he sold the pc to?
it`s a circular argument though as if i record anonymously i will receive no royalties any way so apart from notoriety what`s the point?
ha -i think i answered my own question.
but,seriously,is there someone in an office somewhere matching new release song titles against artists/publishers.
I guess this is where the mastering and duplication houses would have to bear some responsibility over the authenticity of the product?
or is this all hypothetical because you first must have a big selling Hit before anyone cares?
sorry if i appear flippant-i`m more at home in the CH than i am in a proper forum like this-hah

cheers

Hey Tony, you have indeed answered your own question.  I wasn't going to encourage you to not worry about the "question" if this is just you burning a recording that was going to be sold at a few gigs.  Indeed if this is the case, sod it.  All of us post copyrighted material on various web sites and I don't know of anyone whos been sued.  It's only when you are trying to make a real profit should you go about the legal formalites. 

Ben

As a precaution... since you (they) are planning to sell copies..... you need to get the license to be totally on the correct side of the law. 

Harry Fox agency will handle all that for you and it's online so it's easy and there are no excuses. 

Legally, you are required to purchase the license in order to make available for the public any musical composition that you do not personally own the copyright on. There are a few educational exceptions..... and as far as Youtube and other sites..... be sure to read the fine print on what EXACTLY they are covering. 

The last thing those folks want is to put something up on the net without the license, and it goes viral with several million hits and the copyright owners come knocking looking for royalties that they are due. 

Isn't there so sort of time restraints? 
I mean like if a song is say over 25 years old it's considered free and open domain?

Or am I confusing this with something else?

Mike