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Is sale of an audio CD with a covered song illegal?

Because my band wanted to sell our CD and include our cover/version of a song from another band with full credit. We're sort of skeptical though because it might cause legal issues.

Is this illegal? Is this considered as theft of intellectual property?

3 Answers

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  • Mark
    Lv 7
    1 decade ago
    Favorite Answer

    No. It is intellectual property. You should pay royalties to the composer.

  • 1 decade ago

    There are provisions in the copyright law for this kind of activity.

    There is a fixed statutory royalty you would pay for the cover. You don't need the permission of the author/composer if you follow the procedures set forth in the statute.

    An intellectual property lawyer could give you specific details, and help you fill out the proper paperwork. If you don't find one locally, let me know (I'm a licensed attorney) and I can help.

  • Anonymous
    1 decade ago

    It would be wise, if it is an exact cover, to at least make contact with the band to ask their permission. If you don't sell much, then it wouldn't be worth it, for them, to take any legal action. However, if you were to sell 10,000 copies, then they might sue you for royalties!! I do a cover of the song glycerine by bush, and the words are the same, but the flow of the song is totally different. Then again, I don't sell CD's...Just for fun!!

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