Licensing versus Piracy:

CDman supports and is in full compliance with IRMA and the BSA.

Digital media and the internet have opened up a real 'can of worms' when it comes to Intellectual Property Rights. The sophistication of digital technology and the ease of ripping, burning, downloading, uploading, editing, sampling, etc. has created a generation do-it-yourselfers with unprecedented access and ability to take, alter, reproduce and share the Intellectual Property of others.

When you are using content that doesn't belong to you (whether that is audio, music, words, artwork, video, software applications, etc.) you are using someone else's Intellectual Property. Intellectual Property relates to 'ownership' and 'copyright' - these are things that are legally defendable and many rights holders are prepared to defend their rights in a court of law. In many, many instances there are perfectly legal ways in which to use the Intellectual Property of others - but it's your responsibility to know your responsibilities .

We are not experts on Intellectual Property Rights but we can help to point you in the right direction.

Are You Making a Music CD?

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.

For information on Mechanical Licensing in Canada: The Canadian Musical Reproduction Rights Agency - www.cmrra.ca
For information on 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.

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

Are You Making a Data/CDROM?

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. Download our Licensing Information (pdf) to help you arrange distribution agreements.

Are You Making a DVD?

If you're making a DVD you face a combination of licensing factors because your DVD content displays images as well as sound. Licensing for DVDs falls under the same basic guidelines as Music CDs... if you have included content (in whole or in part) that was taken from another source (ie: the Intellectual Property of someone else) then licensing applies. This includes music whether it is a 'cover' version or a master recording, sound-bytes and audio samples, video footage, etc.

The most common licensing requirement for a DVD is background music or theme music of any type.

The second most common licensing requirement for a DVD is when images/footage or sound from a television program, movie or radio program is included.

Three main types of licensing can apply to your DVD project:

1. Master Licensing - If you are going to use an original recording in your production you require a Master License in order to use the Intellectual Property.

2. Synchronization Licensing - This grants you the authority to reproduce a musical composition only. It does not grant you the authority to reproduce a master (ie: original) recording. You must obtain a license from the owner of the recording for any Master Recording which is used in your production.

3. Mechanical Licensing.

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

For information on Synchronization Licensing in Canada: The Canadian Musical Reproduction Rights Agency - www.cmrra.ca
For information on Synchronization Licensing in Canada: ASCAP, BMI, SESAC, http://www.loc.gov/copyright

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

Not Selling Your Product Or Using It For Non-Profit Purposes?

Regardless of the profit scheme of your project, it is required that you follow the same procedures and rules as outlined above for all 3rd party materials. No exceptions!