Licensing

Mechanical License Form

Thank for considering to record music published by Eighth Note Publications. The process to receive permission to record is very simple. If you have any further questions, please contact us.

What Is Music Copyright?

The owner of a copyright has certain exclusive rights regarding the use of the musical work. Put simply, this means that he or she is the only person that can make recordings, copies of the work or perform it in public, and is the only person that can authorize others to do the same. If a person exercises those rights without the copyright holder's consent, such use is called an infringement of the copyright, and is subject to civil and criminal proceedings.

What Is A Mechanical License?

A mechanical license is an agreement between the user and the publisher of the music which the user intends to record and manufacture CDís or make sound files available for download. The license is extremely specific: it is limited to a particular composition, as recorded and manufactured by the user, on a particular product. The license is also specific as to the catalogue number of the product, the playing time and the performer. Note that licenses are not issued per CD but, rather, on a song-by-song basis. If your CD contains 10 songs, you must obtain permission for each one.

How Do I Apply For A Mechanical License?

You must make application for mechanical licenses for your product before you record and manufacture anything.

A copy of our standard mechanical license form is available from our site. Simply fill out this form and remit payment as outlined on that form.

Once we receive your application and it is accepted, you will receive a letter of permission and your recording project is clear to proceed. Please note that these licenses are binding, legal contracts and should be treated and stored as such.

What Happens If I Don't Apply For A Mechanical License?

If you manufacture or import sound carriers which reproduce copyrighted songs without obtaining a mechanical license for each song then you have infringed the copyrights in question. As noted above, Canada's copyright legislation provides for civil penalties and criminal prosecution with a maximum fine of $1,000,000 for copyright infringement. If a CD, or MP3 contains unlicensed music, it can be removed from the market by way of injunction. As well, anyone handling infringing merchandise is likewise guilty of infringement-including distributors, wholesalers, and retailers.

Copyright is the basis of the music industry. Without copyright protection, music publishers and record companies would be unable to assure themselves of a reasonable return and the protection of law for their products. If you manufacture sound files in any form, you must obtain licenses.


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