QUESTION
Are selling DJ mix tapes illegal?
Asked on Aug 20th, 2013 on Entertainment Law - California
More details to this question:
I am charging for the artwork, cd case and packaging costs. The cd would be free and for promotional use only.
3 ANSWERS
Yes, it is illegal. It doesn't matter what you claim you are charging for, you are copying others' work without their permission and that is just another form of theft. However, with the Digital Millennium Copyright Act, the penalties for stealing digital materials are much more severe.
Answered on Aug 22nd, 2013 at 10:02 AM
Susan Marie Basko
DJ mix tapes tend to use samples of other artists' music, which is a violation of their copyrights. If you want to be legal, get a lawyer to help you get licensing to use the samples. DJ mix tapes are a copyright nightmare, and it does not matter if they are offered for sale or for free. If copyrighted material is infringed, there can still be up to $150,000 in statutory damages, even if the material is given away, rather than sold.
Answered on Aug 22nd, 2013 at 9:13 AM
3 Awards
A mix-tape features songs from different artists. If you do not have a license to copy and sell those songs from those artists, then it is likely going to be considered copyright infringement. The issue of how much you charge is irrelevant to the issue of whether you are liable. Please, avoid doing this unless you get licenses from the artists.
Answered on Aug 21st, 2013 at 11:29 AM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.