DJing Discussion

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SELLING MIX CD's LEGAL?

lotty 11:24 PM - 21 September, 2006
I was wondering how can I sell mix cd's if they are supposably illegal?.

Is there a way around this problem?. Thank You. PEACE.
DJ Nevoc 11:32 PM - 21 September, 2006
I dont think you can without express written concent from all labels in which the works you used are copywritten.
Dj Ryme 11:35 PM - 21 September, 2006
hustle! The only mixtapes that I think are legal are the very few you find in the stores, I think clue put a few out ( I wouldnt even call them mixtapes) and Babu has a few out (most the artist on his cd are independent) and thats it, if they were legal you would see alot more at best buy.
DJTonyC 11:37 PM - 21 September, 2006
What I do is say the $5 is a donation for time and skill that it took to mix the CD. I mark the CD as promo only and make sure it's marked that they are paying for my time and not the music.
DJ MAC com au 12:16 AM - 22 September, 2006
Tony C that won't protect you! If a record label wanted to go after you all they have to show is that you used the intellectual property (song) without receiving a release/authority from the owner of that intellectual property. Another requirement is that you've done this "for profit" but that's a bit of a gray area, because "for profit" can cover you giving them out for free at night clubs to make yourself more popular and then getting paid for performing live etc. Even if you're a producer and you want to sample a hook from a song in a new track you're producing, you still need to get authority from the owner of the intellectual property to do this.

Lotty if you want to do mix CDs you either have to obtain written authority/consent from the owners of the intellectual property or do it unlawfully.If it's just a mix CD that is given to club owners to showcase your mixing skills etc and isn't being broadcast (either in the club or radio or anywhere) then you would be sweet!

Mac
lotty 12:40 AM - 22 September, 2006
I did more reseacrh and I see that some dj's are saying that the price you are paying is for the cover art and some are giving poster with the cd and saying this is also what you are paying for.

Is this a way of being able to seel mix cd's without any problems?.

Man I miss the days when I could sells mixtapes and not have to worry about this nonsense. PEACE.
lotty 12:42 AM - 22 September, 2006
Sorry for the misspelling but I pressed post before proofreading the messing.
DJ MAC com au 1:22 AM - 22 September, 2006
Yeah, I've seen that too but I really don't see it protecting them against potential legal action.

Bottom line, while the mix CDs are helping the labels promote their artists and music and therefore helping them sell more CDs by creating a hype about a new artist or a new album from an old artist etc . . . then the labels aren't going to do anything about it - it equates to free advertising for the labels and directly to the demographic that they want to target. In bigger markets like the US illegal mixtapes is a legitimate marketing option for the labels.

On the other hand, if the mix CDs are starting to effect their sales because people are buying the mix CDs instead of the albums or if it's near the end of the financial year and the label needs some tax deductions because they've run out of places like Kazza to sue - then you could be in the firing line. This is especially true in smaller markets like Australia, where a couple of illegal mix CDs can easily adversly effect sales for the labels. 7 DJs were taken to the Australian Federal Court in 2004 over copyright infringements from illegal mix CDs by Universal Music with the support of the other major labels.

Mac
lotty 1:37 AM - 22 September, 2006
Damn, thanks for the info Mac. I really appreciate you letting me know about the australian case.

Do you think it's hard to recieve grants from labels to use music for mix cd's?. Thank You.
DJ Nevoc 1:50 AM - 22 September, 2006
all you have to do is call the label and get there form and fax it in... the problem is gettting all the paper work from all the labels back, and by this time if your looking to jump on a hot track before it launches it may already have hit main stream before your legal.,
DJ MAC com au 2:16 AM - 22 September, 2006
Yeah it sure is! It's not always the labels that hold the rights for a particular track. Some artists/owners of the intellectual property don't ever allow tracks to be released for mix CDs - keeping their tracks exclussive for their own albums etc. That's usually the case with bigger, more established artists that don't need mix tape's to create a hype about their music. Artists like Mariah Carey and Justin Timberlake etc.

Plus they will only usually grant a release to one person per market. Like they would rather grant a release to FunkMaster Flex for his mixtape than to DJ NoName for his mixtape. But if it's an unreleased track by a new artist that's about to drop his album - then they may grant releases to everyone who asks. There are just so many variables.

Mac
lotty 2:46 AM - 22 September, 2006
I wanted to use mostly the acapellas over my tracks. I'm guessing since most of the tracks aren't brand new, it shouldn't be a problem to clear.

Also, this is off the subject, but can someone give me an idea on how to needle drop like this:

Watchwww.youtube.com
Julls 3:36 AM - 22 September, 2006
Quote:
I wanted to use mostly the acapellas over my tracks. I'm guessing since most of the tracks aren't brand new, it shouldn't be a problem to clear.

Also, this is off the subject, but can someone give me an idea on how to needle drop like this:

Watchwww.youtube.com


You have to know your wax inside and out to be able to do that.
DJ Nevoc 5:19 AM - 22 September, 2006
at least your not this guy....

Watchwww.youtube.com
DJ_Mike_Coquilla 5:45 AM - 22 September, 2006
Quote:
I wanted to use mostly the acapellas over my tracks. I'm guessing since most of the tracks aren't brand new, it shouldn't be a problem to clear.

Also, this is off the subject, but can someone give me an idea on how to needle drop like this:

Watchwww.youtube.com
was that gig at a laundry mat?
dj garcia 9:33 AM - 22 September, 2006
i think is ok cuase the song is not completed is mix so is ok to do it is only a sample of the song not the whole song ur selling..
Monk-A 11:09 AM - 22 September, 2006
it's not ok i anyway.....

if you're selling it on then you are breaking copyright laws and open for prosecution...

then it all comes down to how many you're selling and for how much... if it's a couple of hundred, and for sod all they wont bother prosecuting you, butif you're shipping units they'll take you to the cleaners and then probably put you're mix CD out with out you getting a f*cking dime form it...
Lando 2:12 PM - 22 September, 2006
Quote:
at least your not this guy....

Watchwww.youtube.com


What in the Hell was that?
DJ F Sharp 7:32 PM - 23 September, 2006
Form from the labels???? hahahaha that shit is great man.

I guess you could make your own music licensing form but you are gonna be oweing the labels A LOT of money for licensing their music + you would have to talk to people in the Legal dept. and one of the executives would have to sign off on it.

You think there are forms out there and you just fax it right back and thats it? wow...its not legal, its never been, its a form of bootlegging and promotion at the same time so labels have turned their heads a different way
Julls 7:37 PM - 23 September, 2006
Quote:
at least your not this guy....

Watchwww.youtube.com


Oh damn, thats funny.
DJ F Sharp 7:50 PM - 23 September, 2006
also, aint nobody GRANTING RELEASE to certain djs like Funkmaster Flex, Drama, Whoo Kid...If you want to be on top of the exclusive game, you usually have many contacts inside each record label especially in the A&R & Marketing departments because those guys (A&R) review the tracks first before they even see the light and they might email you a new song that way.

Over 90% of the time, if the music aint comin from the internet or record label employees, DJ's get em straight from the artists...Freestyles, Exclusives, Unreleased, you can get at the artist directly and have him knock out stuff for you if you are a big enough dj. If you are a radio DJ, then you know many artists and they will be inclined to work with you.

When record label promotions people send out mp3s to djs, in no way is that a license to use on a mixtape that will be enforced in the courts.
hologram 5:10 AM - 24 September, 2006
OK this is bait, so if you don't know for sure or aren't part of this please don't put up opinions and make a fool of yourself.

When the record label asks you to make mix tapes or lose your service is that or is that NOT permision to make and distribute them? Not saying sell them, just make and distribute them.

By the way. The argument has been made many a time in court that charging to DJ at a gig is in no way different than charging for the same services on CD. There are some rules but generally they are reasonable. The first argument I court argument I herd about was when someone provided a client a taped copy of the performance that was paid for.
hologram 5:12 AM - 24 September, 2006
^^Disclaimer. I'm not a lwayer and if the record label wants your butt, they'll get it.
nik39 1:58 PM - 24 September, 2006
Quote:
at least your not this guy....

Watchwww.youtube.com

Is that a practice session of DJ Roman Zerano? :)
dj garcia 5:47 PM - 24 September, 2006
theres hella djs selling there mix cds on the flea market
nik39 6:02 PM - 24 September, 2006
theres hella people robbing and killing other people
DJ Nevoc 4:24 AM - 25 September, 2006
pretty kool efx

Watchwww.youtube.com