Intellectual Property Rights and Copyright

The following definition is provided by Wikipedia

“Intellectual property (IP) is a term referring to distinct types of ‘creations of the mind’ for which property rights are recognised – and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.”

This is very important to note because, due to the legal aspects, you can violate copyright laws with your CD duplication or DVD duplication order if you are not the intellectual property rights owner of all content on your master. Violation of these copyright laws is generally referred to as ‘piracy’ and can be punishable in a court of law.

If you don’t own all of the intellectual property on your CD or DVD master you will need to get licensing for all un-owned content and then provide proof of licensing to the company doing the CD duplication or DVD duplication of your order.
 

Obtaining Licensing for Audio/Music Content

If all the songs on your CD are your own original compositions and you're not using audio samples or sound bytes that you took from somewhere (or someone) else, then you don't have any licensing concerns.

The most common licensing requirement for an audio CD is if you're performing a 'cover' version of someone else's song. If this is the case you require Mechanical Licensing - which is essentially a royalty for each CD that is made featuring the song. Separate licensing agreements must be made for each individual cover song.

▪ Mechanical Licensing in Canada: The Canadian Musical Reproduction Rights Agency - www.cmrra.ca
▪ Mechanical Licensing in the USA: The Harry Fox Agency - www.harryfox.com

The second most common licensing requirement for an audio CD is if you're using a 'sample' or 'sound-byte' (regardless of the duration) that is not completely your own content/creation. This includes content taken from other CDs, television, movies, radio, etc. If this is the case you require Master Licensing for the right to use the 'sound' and then Mechanical Licensing.

Important: Taking a sample or sound-byte (regardless of duration) and altering it in any way does not make it your original composition. Licensing is still required any time you have used content or a creation that is not completely your own.

▪ Master Licensing in Canada: Canadian Recording Industry Association (CRIA) - www.cria.ca
▪ Master Licensing in Canada: Canadian Independent Record Production Assn (CIRPA) - www.cirpa.ca
▪ Master Licensing in the USA: The Harry Fox Agency - www.harryfox.com
 

Obtaining Licensing for Data/CDROM Content

Third-party utilities, drivers, applications and shareware commonly have licensing requirements - even if there is no 'fee' involved. This includes such common applications such as Adobe Acrobat Reader, Quicktime, Real Audio, etc. Utilities such as these must first be checked with the vendor to see if they require distribution agreements.
 

How Long Does Copyright Last For In The U.S.A.?

The following is based on information provided by Stanford University:

"How long copyright lasts depends on which country you are in. In the U.S., for works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.

All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication.

If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002. And if such a work is published before December 31, 2002, the copyright will last until December 31, 2047."
 

How Long Does Copyright Last For In Canada?

The following is based on information provided by University of Waterloo:

"How long copyright lasts depends on which country you are in. In Canada, copyright generally lasts for the life of the author, plus 50 years.

By contrast, in the U.S. and Europe, copyright generally lasts for the life of the author plus 70 years, though it can differ depending on factors such as the type of work, the manner of publication and the date of creation. Generally, use of a work in Canada is governed by the Canadian rules for the duration of copyright protection."