Can remixed songs be given away as freebies?

by popmarco

Posted: 11 years ago 10 replies

INTERNET MARKETING

Hi!

I'm about to open a fitness blog and I'm thinking of giving away some 30-min workout MP3's which was remixed and given to me by a friend.

I don't own a copyright of any of those 80's songs nor does he.

Is it enough to acknowledge the artists of the songs and give it away as an opt-in freebie?

Thanks!

#freebies #remixed #songs

stargazinc 11 years ago

it might not be a good idea
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CJLBW 11 years ago

Originally Posted by popmarco

Is it enough to acknowledge the artists of the songs and give it away as an opt-in freebie?

Nope, sorry. It's not enough (unless the copyright holders say it is when you ask them...)
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Alex Blades 11 years ago

Is it enough to acknowledge the artists of the songs and give it away as an opt-in freebie?

Lol, the Youtube myth, acknowledge the artist and it's ok to violate his copyrights

Get in contact with the artist and try to hammer out a deal with him. "Acknowledging" an artist is not protected under the fair use act.
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- BamIPD 11 years ago
  
  I always thought it was OK to remix songs without paying royalties. I did some research after first reading this thread and found out it is not OK.
  
  That's interesting to me because there are artists like Girl Talk who remix hundreds of songs together into an album / live show of his own. Is he paying royalties on each of those hundreds of songs? He uses about 10-30 seconds of each clip.
  
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Alex Blades 11 years ago

Is he paying royalties on each of those hundreds of songs? He uses about 10-30 seconds of each clip.

They pay royalties to the music companies who own the music, for rights to use their catalogs of music.
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- BamIPD 11 years ago
  
  Originally Posted by Alex Blades
  
  They pay royalties to the music companies who own the music, for rights to use their catalogs of music.
  
  Oh that makes sense. So he pay's $1000 (made up number) to Columbia and can use anything in their catalog?
  
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  Alex Blades 11 years ago
  
  Originally Posted by BamIPD
  
  Oh that makes sense. So he pay's $1000 (made up number) to Columbia and can use anything in their catalog?
  
  Might be more than $1000, but yea, that's how it works. Take Netflix for example, they pay a studio like Disney or Miramax millions per year, to use their catalogs of movies. They would of course have to negotiate a price, and what movies will be included in the catalog.
  
  The DJ, who remixed out of those songs, probably didn't pay the record companies himself, but the radio station is licensed to use the music.
  
  And since you know damn well that this is an illegal copyright violation, you'd like someone to tell you it's okay before you do it.
  
  Lol, you hit the nail on the head
  
  Thanks
  
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cpwebsite 11 years ago

No it is not enough. You need to contact the artist and get his/her permission.
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writeaway 11 years ago

No. You can't give away DERIVATIVE WORKS. Derivative works are still covered by the content creator's copyright.
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CDarklock 11 years ago

Originally Posted by popmarco

I'm thinking of giving away some 30-min workout MP3's which was remixed and given to me by a friend.

And since you know damn well that this is an illegal copyright violation, you'd like someone to tell you it's okay before you do it.

But first, a word about music licensing.

Because it's a remix, you would need to obtain derivative work licensing by individually contacting the publishers and copyright owners for each song. You can obtain that information through searching these databases.

Welcome to ASCAP. The worldwide leader in performance royalties, service and advocacy for songwriters, composers and music publishers.
BMI, music royalty, music publishing, music licensing, songwriter, copyright, composer | BMI.com
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U.S. Copyright Office

If you can't be arsed to get a licence, or don't feel like paying what one turns out to cost, you could argue that your remix is a fair use.

Whether this is likely to work is a complex question; you should consult an attorney for an answer to that.

Now, if you just go ahead and give it away, it is highly unlikely that anything bad will happen.

However, if something bad DOES happen, you are looking at a potential liability of several million dollars after a protracted court case that will probably drag on for two to three years.

It's kind of like playing the lottery in reverse. You buy your ticket and you almost certainly won't win, but what if?

Unlicensed use of music is the same way. You violate the copyright and you almost certainly won't get sued, but what if?

And now you can make a more informed decision, which is the only ethical thing I can give you.
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