The Harry Fox Agency was established in 1927 by the National Music Publisher's Association. If you are interested in obtaining permission to reproduce 2,500 copies of a song or less, then you need the Harry Fox Agency mechanical license. This will cover you to reproduce songs that you did not write yourself. Here is an excerpt taken from www.harryfox.com:
If you are manufacturing and distributing copies of a song which you did not write, and you have not already reached an agreement with the song's publisher, you need to obtain a mechanical license. This is required under U.S. Copyright Law, regardless of whether or not you are selling the copies that you made.
You do not need a mechanical license if you are recording and distributing a song you wrote yourself, or if the song is in the public domain. If you are not sure if the song you are looking to license is in the public domain, and therefore does not require license authority, we suggest you use the search on www.pdinfo.com.
Here is the calculation of the cost for a song based on how many minutes long it is:
As of January 1, 2006 the statutory mechanical rate is as follows:
9.10 Cents for songs 5 minutes or less or
1.75 Cents per minute or fraction thereof over 5 minutes.
5:01 to 6:00 = $.105 (6 x $.0175 = $.105)
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225)
7:01 to 8:00 = $.14 (8 x $.0175 = $.14)
This website also points out the question of an organization wanting to make a few copies for very little money. This is still a copyright violation and it does not fall under Fair Use. Even if you want to reproduce 25 copies or less of a song, you still need a mechanical license so the artist can get paid their royalties.
This agency does not give you a license for performing rights in concerts, radio, and TV. In order to obtain that, you must contact the performing rights societies ASCAP, BMI, and SESAC. That information is for another blog!
Tuesday, October 14, 2008
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2 comments:
Great post! This is very interesting information. I shall pass this along to one of my friends that teaches music in partnering elementary schools in Western PA.
I wonder if music educators get more of an education in copyright law than regular subject educators. It seems like they may have more situations in which they could violate the copyright law.
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