Reproduction and exploitation of music on a physical support
Type of use
Marketing—on a physical support such as a CD, DVD or vinyl record—of the sound recordings of music, whether or not you own the rights to it. For example, if you are an independent artist or record label and wish to distribute a vinyl version of your album or a CD version in stores.
What To Do
- If you are the sound recording’s producer, be sure to negotiate a production agreement with the performing artist. If you are not, you need to obtain a commercialization licence from the producer of those sound recordings.
- You will also need to obtain the appropriate mechanical reproductions licences from the collective management societies like CMRRA and SOCAN or directly from the publishers or songwriters who are not members of those societies.
- Deal directly with a distributor or record label that already has a distribution contract in place. If none of those options are right for you, sell your records at your concerts and/or on web sites that allow the sale of physical products. Note also that some independent record stores also agree to deal directly with artists and/or record labels.
- Be sure to become a member of public performance and reproduction rights management organizations in order to collect the various royalties that stem from the sale of physical recordings.
Clarifications and cautionary statement
We strongly recommend obtaining counsel from an entertainment and/or copyright lawyer if you are not familiar with production, licensing and/or distribution agreements.
Do not record a piece of music without prior permission if this work has never been recorded and was not directly destined to you. The songwriter and publisher have a right of first publication that allows them to decide which version of their work will first be made available to the public.
If you are the sole producer of the recordings, the performing artist of all of the songs or instrumental pieces, the songwriter and publisher of all the recorded works, you should still follow all of those steps and sign production and publishing deals between yourself, your record label and publisher.
The material on this web site is provided for informational purposes only.