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User Name Thread Name Subject Posted
GUEST,Graham Bradshaw mechanical license or? (7) RE: mechanical license or? 14 Apr 09


NO. NO. NO.

Completely wrong. If you were going to make mechanical copies of somebody else's sound recording, you would need to get permission in the form of a licence from the owner of said sound recording. This would probably be a record company, or possibly the artists themself. A fee would be payable, and many are reluctant to give such permission as it would take away from their own sales.

However, what you are talking about is making your own recording of somebody else's composition. You would then own the rights to that sound recording, which nobody else could use without your permission and/or payment of a fee.
But, you DO have to pay a mechanical royalty for EVERY COPY that is made, to re-imburse the owner of the copyright in the song or tune (usually the writer/composer and possibly a publisher). Licences for this use are administered by MCPS in the UK, and their equivalent in other territories. There is a statutory fee structure in place for this. If your composer is not a member of MCPS, they will not try to charge you, but you are then duty bound to get permission from the composer and pay any fee that you agree with them (or not if you are mates, possibly).

To sum up, if the composer is a member of MCPS, get a licence. If they are not, get permission and pay them a nominal fee, all in writing for avoidance of any arguments in the future.


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