Free distribution vs. copyright -- any risk?

YanKleber

YanKleber

Retired
I didn't know where to post this question so if there is a better place for this I apologize.

We are willing to record an album with some songs of our favorite artists. Since we are a brazilian band I am thinking about to write versions of the lyrics in portuguese. Our band has NOT profit objective and all the recorded stuff will be available for free distribution.

There is any copyright side effect in such case?

Thanks!

:)
 
Yes - you need to get permission from the original artist/buy a licence to allow you to record them.
 
I believe that when you're working entirely within the USA and mainstream, known artists; you can do all your licensing through Harry Fox. not sure how it works with international licensing though.
 
VomitHatSteve said:
I believe that when you're working entirely within the USA and mainstream, known artists; you can do all your licensing through Harry Fox. not sure how it works with international licensing though.
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Nah, never mind. I won't deal with all this hassle for something to be distributed for free. It is only a hobby and I have a bunch of self compositions. I just thought about make covers because it could bring some fun. But look for licenses and permissions and all this BS is really NOT fun. It's boring. LoL!

:yawn:
 
Yeah, whether you sell or give a way for free is irrelevant. You need a license to cover someone else's tunes. That being said, is anyone going to notice you covered a few songs and gave them away for free???
 
What Chili said ^^^ If you're just giving away some copies, and not selling them, and not putting them up on the internet (like iTunes) for sale - and especially that you are not in the USA, doubt anyone is going to notice.
 
Seriously, man. Just record whatever you want and put it up wherever you want. Not enough people are going to hear it for it to make a difference, and nobody will care enough to get you "in trouble".
 
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Thank you guys, you have really a good point.

I think I am too nervous about this because I already was prosecuted once because a photography. But the situation was completely different. It was a printed book that I designed the cover and used a picture that the client gave to me. Happens that the client didn't have the authorization to use the pic and she was from a small town. The widow of the photographer was from the same small town and recognized the picture when saw the book. Ouch! Of course I wasn't aware of no one of this until I receive an intimation to go to the court house (in this small town 100 miles away from my hometown). When I got there I figured out that the client tried to slip off her duties by telling that the picture has been provided by ME. Long story short I managed to prove that I didn't have any fault but I still spent a lot of cash in travels and lawyer beside all the headache.

:facepalm:
 
YanKleber said:
Thank you guys, you have really a good point.

I think I am too nervous about this because I already was prosecuted once because a photography. But the situation was completely different. It was a printed book that I designed the cover and used a picture that the client gave to me. Happens that the client didn't have the authorization to use the pic and she was from a small town. The widow of the photographer was from the same small town and recognized the picture when saw the book. Ouch! Of course I wasn't aware of no one of this until I receive an intimation to go to the court house (in this small town 100 miles away from my hometown). When I got there I figured out that the client tried to slip off her duties by telling that the picture has been provided by ME. Long story short I managed to prove that I didn't have any fault but I still spent a lot of cash in travels and lawyer beside all the headache.

:facepalm:
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Well, in that case, I can understand your concern. Once burnt, twice shy.
 
Chili said:
Yeah, whether you sell or give a way for free is irrelevant. You need a license to cover someone else's tunes. That being said, is anyone going to notice you covered a few songs and gave them away for free???
Click to expand...

mjbphotos said:
What Chili said ^^^ If you're just giving away some copies, and not selling them, and not putting them up on the internet (like iTunes) for sale - and especially that you are not in the USA, doubt anyone is going to notice.
Click to expand...

Recently (within the last year or two), a number of license agencies (and sleazy law firms that they employ) have been generating income by going after de minimus unauthorized uses of copyright-protected material. I just spent the last month negotiating with one of these firms on behalf of a friend's sister, and I've handled two other similar negotiations for one of my colleague's clients. Whereas, previously, the standard wisdom was, "no one is going to sue you for a de minimus infringement," I'm not convinced that is true any longer -- the firms that represent the rights holders are mills that process huge amounts of these demands. I don't know whether this necessarily has any application to the OP, but it's something everyone should keep in mind.
 
Do these firms follow the standard copyright troll modus operandi? (i.e. Send out a whole bunch of blanket threats hoping people will settle)
 
VomitHatSteve said:
Do these firms follow the standard copyright troll modus operandi? (i.e. Send out a whole bunch of blanket threats hoping people will settle)
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Exactly right. The technique was "pioneered" by the RIAA and DirectTV. The difference in those cases was there was actually provable damage to the plaintiffs. The three matters I've handled this year (all done for free as a courtesy to either friends or existing clients) were completely bogus. The last one that I did was a complete exercise in frustration. The "lawyer" with whom I was corresponding clearly didn't understand the first thing about copyright; I was constantly having to correct her (and provide case cites proving the point). It appears we have finally settled, but I had gotten to the point where, if we hadn't, I was going to tell her, "Go ahead and sue. I'll provide the defense on a modified contingency basis, i.e. the client will have to pay my fees only if I get attorney's fees awarded in the action. And I will."

Trolling used to be the exclusive province of certain patent firms and syndicates of patent lawyers -- at least these lawyers knew the law and were only taking advantage of a combination of sloppy patent drafting and ignorant and/or incompetent patent examiners at the PTO. It now appears that any lawyer who can snag a licensor client is getting into the business; IP expertise not required.
 
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