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Copyright & Patents/Karaoke Copyright Law

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Question
Hi,

I am thinking of starting an online business focused on producing and selling backing tracks of popular songs in mp3 format. My question is: Can I freely produce and sell instrumental backing tracks based on popular songs (e.g. Britney Spears, Kelly Clarkson, Rihanna, etc) or will I need to pay a fee or acquire some kind of a license? If so, could you please point me in the right direction, as I have already tried researching and cannot find any extensive information on the subject?

Thank you,
Alex

Answer
Alex,

You would need a license from the copyright owner (generally SOCAN in Canada)  in order to produce your version, or use the owner's version, of the backing track of a popular song. The cost of the license depends on how many copies you intend to sell. The venue playing your backing tracks needs a different type of license, for a karaoke bar, in this case. Take a look at the website, which has a helpful FAQ: www.socan.ca  

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Nyall Engfield

Expertise

Expertise in Canadian Patent law

Experience

Patent lawyer in Ottawa, involved in drafting patents, prosecution before Patent Office, and litigation Please see my bio at http://www.andrewsrobichaud.com/Nyall_Engfield.htm

Organizations
CCLA, CBA (Ontario Chapter), Law Society of Upper Canada

Publications
University of Ottawa Law and Technology Journal OBA Privacy Law Review: Eye on Privacy Porter Hétu International

Education/Credentials
B.ASc - University of Waterloo LL.B. - University of Calgary

Awards and Honors
received Felesky Flynn tax award in 2nd year of law school

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