Legal Question in Intellectual Property in California

Legality of Free Promotional Mix C.D.'s

Hello All,

I am an event coordinator for a music festival which happens at a major public university. As a promotional tool for the event we wanted to release a freely distributed ''mixtape'' C.D. which would feature remixed music from several genres. Is it legal to distribute these C.D.'s freely, or does the music have to be licensed or permission have to be obtained from property rights holder?

We would distribute approx. 1,000 of these exclusively on campus with ''Promotional Only'' labels on them. We can restrict content to ''radio singles'' only if that makes a difference.

The University does pay all the licensing firms royalties for public broadcasting, does this fall under that umbrella?

In your opinion, what legalities would enable or disable us to follow through with this idea?


Asked on 11/02/07, 6:44 pm

2 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Legality of Free Promotional Mix C.D.'s

What you propose to do is copyright infringment. Period. Don't do it unless you first obtain written permission (and pay license fees) to the owners of all of the recordings and compositions embodied on your mixtape/CD.

The University's licenses from ASCAP/BMI do NOT cover this kind of use.

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Answered on 11/02/07, 6:56 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Legality of Free Promotional Mix C.D.'s

You get 1,000 people to record the mixtape off the air as you broadcast it on the campus radio station. These 1,000 people then give their copies to event visitors.

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Answered on 11/02/07, 9:16 pm


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