karyoker @ Tue Sep 08, 2009 12:29 pm wrote:
I did not see the word distribution in the OP post. A one time personal recording does not require a license. As someone who has actually spent time in the TV broadcast industry I know the legalities in and out.
First, this wouldn't be a one-time use of the copyrighted material. How many people would want to be recorded doing one of the perennial favorites like Picture? I'd imagine it would be quite a few.
Second, Sony vs. Universal City Studios codified the use of a personal recording for private use as fair use under copyright law. That means the KJ doing the recording needs to retain possession of the recording for his/her own viewing. Once the CD or file is handed to the singer, even if it's for free, it's legally been distributed, and the parties are no longer protected by fair use doctrine. Even though it's still a personal recording, it no longer meets the private use criteria.
If the intent was to charge the singer for the recording, then it's a work for hire, and fails both the personal and private use criteria.
I'd recommend anyone considering doing this to consult a lawyer that specializes in copyright law to find out exactly what the liabilities are.
It's a real can of worms.