Selling Remixes

[Kurayami311]

Heya

Just thought I ask that question seeing that it's bugging me for a while. I just wanna know if there is a possibility of selling the remixes and/or originals you've made online somewhere, just to gain some steady profit. Knowing that the original music has been copyrighted, if my arrangements are copyrighted then that's a problem. Can anyone clarify this theory for me? Cheers.

[Sbeast]

I don't fully understand your question. Are you wondering whether its legal to actually sell remixes, or are you just wanting to know some good sites to sell music from?

[Moseph]

No. Using ReMixes for profit is against OCR's terms of service. If you're talking about remixes/arrangements/covers in general and not OCR, then yes, but you have to license the music and pay royalties. Originals, you can do whatever you want.

[Nabeel Ansari]

What Moseph said.

Selling arrangements of other music is about impossible, since you have to license the music. (Pretty sure you have to pay to license music) xD

Originals are fine... if you couldn't sell originals, then there would be no music market in existence.

[Schwaltzvald]

I find this very strange.

Not to disagree with the earlier posters as they're right, however in certain events such as Comiket you have bands/groups/artists selling arrangements/remixes of original music seemingly with little to no complaint from the actual creators. Is this just under law of the land or more?

Never really thought about it till now.

[zircon]

A few points of clarification:

1. It is not almost impossible to sell arrangements of existing music. In fact, it's extremely easy in the U.S. - there is a provision in our copyright law that forces copyright holders to allow their songs to be covered and re-sold, provided the cover artist pays a royalty of 9.1 cents per song (per album) sold. Of course, this rate can be manually negotiated IF people so desire, but that is the automatic default which can't be contested. Furthermore, there is even a website/organization (Harry Fox Agency) that allows people to purchase licenses of existing music all in a webstore. No waiting, just type in the song info, # of copies and hit purchase. Couldn't be easier.

2. I can't speak for events LIKE Comiket, but at Comiket itself a lot of the music is arrangements of Touhou, whose author put it in the public domain for anyone to remix/arrange/resell. That's why it's so popular, or at least, one of the reasons.

[Nabeel Ansari]

1. It is not almost impossible to sell arrangements of existing music. In fact, it's extremely easy in the U.S. - there is a provision in our copyright law that forces copyright holders to allow their songs to be covered and re-sold, provided the cover artist pays a royalty of 9.1 cents per song (per album) sold. Of course, this rate can be manually negotiated IF people so desire, but that is the automatic default which can't be contested. Furthermore, there is even a website/organization (Harry Fox Agency) that allows people to purchase licenses of existing music all in a webstore. No waiting, just type in the song info, # of copies and hit purchase. Couldn't be easier.

Well I thought the OP meant without having to go through royalty stuff.

[GTAHater836]

Another question that I've been wondering that's similar in nature is: What if someone uses ReMixes in open-source software that in no way involves money?

[E-Bison]

I've pressed albums with covers on them. You need the correct paperwork signed and delivered before they will print the CDs at the plant. This is a mechanical rights (actual sound) vs. song rights (abstract notes)issue.

As for using your own covers in an open source game... I can't imagine anybody would sue over that, until there was money that started flowing. I think it depends on the game / artist.

[Dafydd]

How do the cover/remix bands do it? The One-Ups, the Megas, the Minibosses, Game Over... are they actually allowed to sell arrangements of game music? They're making money off it, after all. I remember Mustin PMd me about this some time ago, but I seem to have deleted that message to clear up space.

[Kanthos]

Read zircon's post, point 1. He already answered that in this thread.

[Dafydd]

You're saying the Harry Fox Agency is the place to go if, say, I make an arrangement of a song in Act Raiser and my choir makes a recording of that and sells CD's with it? What if we perform it on stage, and charge people for the tickets?

[Kanthos]

For CDs, yes (at least, if you live in the US). For live performances, I'm not sure, though I remember hearing something once about venues in which live music is performed getting a license to cover those costs. Although, that might apply more to a band playing in a bar as opposed to specifically organizing a concert. But as far as selling the music itself, and not tickets to a live performance of the music, yes, that agency would probably be the one to talk to.

[zircon]

If you want to perform someone else's song live you need to get the right for that specifically from the publisher, that's not a mechanical license issue. The reason cover bands can do it in bars (etc) is because the venue owners pay blanket licensing fees.

[Dafydd]

Alright, well, if the publisher doesn't reply to my e-mails, then what?

[Nabeel Ansari]

Alright, well, if the publisher doesn't reply to my e-mails, then what?

Then you assume full consent to blow up his home and smash his head through a window.

[Dafydd]

Yes, yes, that's all well and good, run along now... can I get a real answer, please?

[Nabeel Ansari]

Yes, yes, that's all well and good, run along now... can I get a real answer, please?

I actually don't know, but I'd assume you have to keep waiting. The only other option is to just go ahead and do it, and that's not gonna work since the publisher can probably turn around and attack you for it.

[Dafydd]

Right. So, do I ask HFA to do it for me, since maybe e-mails from them are likely to be taken more seriously?