IPR Form
INTELLECTUAL
PROPERTY RELEASE FORM
At CDwest.ca an
Intellectual Property Release (IPR) Form must be submitted
for every new order. This is an industry-standard indemnity
where you state if you have the right to reproduce the
content you have supplied for manufacture.
If you are not the
intellectual property rights owner for all content,
appropriate proof of licensing (as applicable to your order)
must be supplied before production can commence.
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GET IPR FORM
What Is
Intellectual Property?
The following definition
is provided by Wikipedia:
"Intellectual property
(IP) is a term referring to distinct types of creations of
the mind for which property rights are recognised and the
corresponding fields of law. Under intellectual property
law, owners are granted certain exclusive rights to a
variety of intangible assets, such as musical, literary, and
artistic works; discoveries and inventions; and words,
phrases, symbols, and designs. Common types of intellectual
property include copyrights, trademarks, patents, industrial
design rights and trade secrets in some jurisdictions."
This is very important to
note because, due to the legal aspects, you can violate
copyright laws with your CD duplication or DVD duplication
order if you are not the intellectual property rights owner
of all content on your master. Violation of these copyright
laws is generally referred to as piracy and can be
punishable in a court of law.
If you don't own all of
the intellectual property on your CD or DVD master you will
need to get licensing for all un-owned content and then
provide proof of licensing to the company doing the CD
duplication or DVD duplication of your order.
Obtaining
Licensing for Audio/Music Content
If all the songs on your
CD are your own original compositions and you're not using
audio samples or sound bytes that you took from somewhere
(or someone) else, then you don't have any licensing
concerns.
The most common licensing
requirement for an audio CD is if you're performing a
'cover' version of someone else's song. If this is the case
you require Mechanical Licensing - which is essentially a
royalty for each CD that is made featuring the song.
Separate licensing agreements must be made for each
individual cover song.
►
Mechanical Licensing in
Canada:
THE
CANADIAN MUSICAL REPRODUCTION RIGHTS AGENCY
(CMRRA)
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Mechanical Licensing in the USA:
THE HARRY FOX AGENCY
The second most common
licensing requirement for an audio CD is if you're using a
'sample' or 'sound-byte' (regardless of the duration) that
is not completely your own content/creation. This includes
content taken from other CDs, television, movies, radio,
etc. If this is the case you require Master Licensing for
the right to use the 'sound' and then Mechanical Licensing.
Important:
Taking
a sample or sound-byte (regardless of duration) and altering
it in any way does not make it your original composition.
Licensing is still required any time you have used content
or a creation that is not completely your own.
►
Master Licensing in
Canada:
CANADIAN
INDUSTRY RECORDING ASSOCIATION
(CRIA)
►
Master
Licensing in Canada:
CANADIAN
INDEPENDENT RECORD PRODUCTION ASSOCIATION
(CIRPA)
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Master Licensing in the USA:
THE HARRY FOX AGENCY
Obtaining
Licensing for Data/CDROM Content
Third-party utilities,
drivers, applications and shareware commonly have licensing
requirements - even if there is no 'fee' involved. This
includes such common applications such as Adobe Acrobat
Reader, Quicktime, Real Audio, etc. Utilities such as these
must first be checked with the vendor to see if they require
distribution agreements.
How Long
Does Copyright Last For In The U.S.A.?
The following is based on
information provided by Stanford University:
"How long copyright lasts
depends on which country you are in. In the U.S., for works
published after 1977, the copyright lasts for the life of
the author plus 70 years. However, if the work is a work for
hire (that is, the work is done in the course of employment
or has been specifically commissioned) or is published
anonymously or under a pseudonym, the copyright lasts
between 95 and 120 years, depending on the date the work is
published.
All works published in
the United States before 1923 are in the public domain.
Works published after 1922, but before 1978 are protected
for 95 years from the date of publication.
If the work was created,
but not published, before 1978, the copyright lasts for the
life of the author plus 70 years. However, even if the
author died over 70 years ago, the copyright in an
unpublished work lasts until December 31, 2002. And if such
a work is published before December 31, 2002, the copyright
will last until December 31, 2047."
How Long
Does Copyright Last For In Canada?
The following is based on
information provided by University of Waterloo:
"How long copyright lasts
depends on which country you are in. In Canada, copyright
generally lasts for the life of the author, plus 50 years.
By contrast, in the U.S. and Europe,
copyright generally lasts for the life of the author plus 70
years, though it can differ depending on factors such as the
type of work, the manner of publication and the date of
creation. Generally, use of a work in Canada is governed by
the Canadian rules for the duration of copyright
protection."
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