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Q: music business, creating and marketing a theme "cd" (such as a "Love Songs" cd) ( No Answer,   1 Comment )
Question  
Subject: music business, creating and marketing a theme "cd" (such as a "Love Songs" cd)
Category: Business and Money > Advertising and Marketing
Asked by: riverhitter-ga
List Price: $30.00
Posted: 26 Nov 2004 10:37 PST
Expires: 14 Dec 2004 03:40 PST
Question ID: 434431
How would i go about getting the rights to certain popular songs to be promoted
as a "theme cd". Is the price set by ascp and/or bmi ?

 Then who would I contact to actually put these songs on the "cd",
make a custom cover, and package it. Everything so it is ready for
sale. What would be their minmum order price per "cd" ?  example = 100
at $3.00 each. What would their best order price per "cd" ?  example 
100,000 at $1.00 each.

 Could this "cd" be protected in any way with current copyright and/or trademark
laws?

 Any other info or comments, such as "late nite" tv advertising info,
advertising on the TV GUIDE scroll screen on cable tv, unknown
pitfalls, total budget needed, delay time from ordering "cd" until
receiving them, will be greatlyappreciated. THANKS,  R. Meade
Answer  
There is no answer at this time.

Comments  
Subject: Re: music business, creating and marketing a theme "cd" (such as a "Love Songs" cd)
From: ipfan-ga on 29 Nov 2004 15:45 PST
 
ASCAP and BMI are performing rights societies--they grant blanket
licenses for the performance of musical compositions.  You are asking
about a mechanical license, which you may obtain through the Harry Fox
Agency (http://www.harryfox.com/index.jsp).

Once you get the rights from HFA, you would need to contact a CD
replicator like Zomax
(www.zomax.com)(http://www.hoovers.com/zomax-incorporated/--ID__51171--/free-co-factsheet.xhtml)
to burn and package the CD's.

If the name of your compilation CD did not infringe on anyone else's
preexisting trademark rights and it was, actually, a trademark, then
yes, you could secure and enforce trademark rights in the name you
give to the CD.  For example, if you call it "Theme CD," that is
generic and not a trademark.  But if you call it, e.g., "Wogramax,"
that's a protectible trademark (assuming nobody else owns the
"Wogramx" mark for "musical recordings").

You could only claim copyright protection in and to those new or
wholly original and creative contributions you added to the CD--not
the songs themselves.  So if your order and arrangement of the songs
was sufficiently creative under a US Supreme Court case called Feist,
you might be able to protect that in copyright.  Your original cover
art and other orginal creative contributions could be protected as
well.

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