Copyrights and licensing

A guide to copyrights and licensing. Streamline Multimedia is committed to protecting your intellectual property – your music, film, software, presentations, and any other copyrighted material. That's why we are providing this information on the International Recording Media Association's (IRMA) Anti-Piracy Compliance Program, which protects copyright owners from unauthorized reproduction of their property. We actively help protect your property rights of the owners of any third-party material you use on your project. While intellectual property rights procedures can sometimes be time-consuming, they are a necessary safeguard to protect the rights of everyone involved in creating material for music CDs, DVDs, and CD-ROMs. Every legitimate disc manufacturer will require you to prove ownership of all copyrighted material before your discs can be duplicated/replicated. We know that obtaining copyrights and licenses can be confusing, so we've put together these steps to help guide you through the process.

Download the forms you need to submit with your order.

Protect yourself from pirates - copyright your material!

Register all original work – songs, films, scripts, artwork, software, etc. – with the United States Copyright Office. You automatically own the rights to your creation, but registering it with the Copyright Office is the best way to prove and protect your ownership. To make the copyrighting process as easy as possible, Streamline Multimedia has provided a link to Official Software, an online step-by-step process to copyright your music, film, or any other material. Go to www.officialsoftware.com and you’ll be guided through the complicated world of copyrighting with easy-to-understand filing forms, information, and FAQs. Songwriters may also want to affiliate and license your songs with a performing rights society, like ASCAP, BMI, or SESAC to collect performance royalties for your copyrighted songs.

Obtain the rights to third-party material used in your project.

Music When your songs contain sampling. Using a portion of another artist's work on your recording is referred to as sampling. Samples can come from TV shows, movies, commercial sound bites, or music clips of any kind. A sample, regardless of the length, requires that you obtain a Master Use License to include it on your project. When your disc or compilation includes previously released recordings. For any previously released song you wish to use, you will need permission from the owner of the master (usually a record label) in the form of a Master Use License. The owner will generally request information about the number of CDs you are making and the countries where you intend to distribute, and will often charge you a fee. If the rights to any content on your master belong to a third party, you must also submit a completed Audio Manufacturing Agreement or a contract authorizing you to reproduce the recording. Note: If your project contains even a snippet of someone else’s recording, Streamline Multimedia cannot begin a replication project unless you send in a copy of your Master Use License. When you cover someone else’s song. When you record a cover version of someone else's song, you need to get a mechanical license authorizing you to reproduce their composition. You can find out who owns the copyright by contacting ASCAP, BMI, or SESAC. Then either contact the owner directly and negotiate your own rate, or contact the Harry Fox Agency and pay the prevailing statutory rate of 8¢ per song up to five minutes, $1.55 per minute per song over five minutes. Applications for less than 2,500 copies can be made online at www.songfile.com. Note: It is your responsibility to obtain a mechanical license when covering someone else’s song on your disc and to properly credit the copyright owner on your artwork. FILM When copyrighted music is included in a film, the specific recording of the composition is usually owned by the artist's record company. A Film Master Use License must be obtained prior to replication. When music is used in a film there are potentially two separate copyrights involved that need to be licensed. In addition to the Film Master Use License (which covers usage of the actual recording), there is another license called a Synchronization License (which covers the music publishing). A Synchronization License is provided by the publishing company and although it is required by law, it is not needed prior to replication. Note: If you are using someone else’s copyrighted music in your film, Streamline Multimedia must receive a copy of your Master Use License to proceed with the replication. BUSINESS Third-party software applications, such as Apple QuickTime, Windows Media Player, etc. may require a license. These applications are the property of the organizations that developed them. Even for freeware or shareware applications, you need a User Distribution License to include them on your project. Most software owners will require you to print their logo, trademark, or copyright symbol on your packaging, inserts, and discs. They may even mandate inclusion of warranty disclaimers and other legal information. Most third-party software, shareware, and freeware companies have downloadable licensing agreements on their websites. Note: If you are using someone else’s software on your disc, Streamline Multimedia must receive a copy of your User Distribution License to proceed with the replication.

Submit a completed IPR form.

To avoid delays, you must submit the following to Streamline Multimedia with your master: • A completed Intellectual Property Rights (IPR) form. • A completed and Audio Manufacturing Agreement (only needed if the rights to content on your master belong to a third party). Copies of the following licenses: • Master Use License (if your audio project contains samples or whole songs of previously released recordings) • User Distribution License (if you are using someone else’s software on your disc) Reminder: Owners of all rights to music you use should be credited on your artwork (for music CDs) or in the on-screen credits (for films on DVD).

Copyright and licensing FAQs • I have a few samples on my recording. I've heard that I'm able to include short samples without royalty clearance. Is that true? • If my product is for promotion only and I am not going to sell my product, then I do still have to obtain licensing? • I place many reorders on my selections at Streamline Multimedia. Does each selection need to be reviewed and must I include   an Intellectual Property Rights (IPR) form for every reorder? • If my master source is reviewed by Streamline Multimedia and is considered unacceptable under the IRMA program, will my   order be canceled? • Does the IRMA program include the review of songwriting and publishing rights? • Are blank Intellectual Property Rights (IPR) forms for Audio CDs available on the Internet for me to download? I have a few samples on my recording. I've heard that I'm able to include short samples without royalty clearance. Is that true? No. You need to clear every sample on your recording, regardless of the length of the sample – even if it’s under a second long! Prior to replication, you need to clear all permissions to use each sample on your recording. If you can recognize the original recording (the sample) in any way, you are considered to have taken value. Click here to see what license(s) are required for your project. Back to top If my product is for promotion only and I am not going to sell my product, then I do still have to obtain licensing? Yes; whether or not you sell a product is not related to securing clearance. Permission is required to use someone else's material, even if it is for promotional purposes only. Back to top I place many reorders on my selections at Streamline Multimedia. Does each selection need to be reviewed and must I include an Intellectual Property Rights (IPR) form for every reorder? If your initial order was placed prior to May 1st, 2000 (the date when our piracy program went into effect) we will need to review your reorder and require a completed Intellectual Property Rights (IPR) Form. Any order placed on or after May 1st, 2000 falls under our piracy program procedures, and does not need to be reviewed again. Once your order has been reviewed once, it will not be reviewed again. Back to top If my master source is reviewed by Streamline Multimedia and is considered unacceptable under the IRMA program, will my order be canceled? No, but it may be delayed! Your Account Manager will explain exactly why it failed and what is needed to bring your audio program into compliance to proceed with your order. If you are unable to make the necessary changes, or if Streamline Multimedia does not receive the necessary information, your source master will be returned to you and your order will be canceled. Back to top Does the IRMA program include the review of songwriting and publishing rights? No, but you still must secure these rights prior to replication. You can submit your request to The Harry Fox Agency, through their on-line songfile.com registration service, or call them at 212-370-5330. Back to top Are blank Intellectual Property Rights (IPR) forms for Audio CDs available on the Internet for me to download? Yes. Click here to download our CD-Audio Intellectual Property Rights form. Back to top