- Feb 19, 2011
- 17
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No, not if it's being sold for profit. Period. You can make all the music you want and for yourself and listen to it all day long in your house. Unless the proper fees have been paid and the person has the permission to distribute said music, then no, it's still not legal.
*Many producers try to get around it by citing the "fair use", but I assure you the record companies vehemently disagree.
Hi all,
I have been following this topic of conversation for quite some time, both on this forum and with legal counsel, a piracy representative from the RIAA, and an infringement attorney at the former EMI.
LegalCheerleadingMusic.com, CheerSounds.com and CheerMusicMixer.com all use the same legal premise: we obtain the proper mechanical licenses to use the lyrics, melodies and notes of popular music, and we recreate the audio recordings by performing and recording every part similar to how the original song was created.
The process we use is not something we created. It is the same process which non-cheer artists use to sell covers of popular songs. For example, the holiday song "White Christmas" has been recorded by over 1,000 different artists, and although there are 1,000 different owners of the recordings, there is only one writer/publisher of the song (lyrics + melody). Each cover artist needs to obtain a mechanical license from the writer/publisher to legally use the lyrics and melody. Every time the song sells, the publisher and the writer receive a royalty.
When a customer purchases a cheer mix from us, our prepaid royalty credits are deducted for every song in the mix. The writers/publishers of every song in our mix are paid the negotiated rate, usually the standard compulsory rate. The audio recordings you hear are our reproductions and are not sampled, preventing infringement upon another copyright-holder's recording.
Many audio examples of this method can be heard on CheerSoundsExpress.com
I hope this explanation helps everyone.
Thanks,
Carmine Silano
CheerSounds, LLC
(321) 549-2704
[email protected]