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A
Devoted August 2009

CD Favors - Are They Legal??

amc, on June 5, 2009 at 9:23 AM Posted in Etiquette and Advice 0 13

We have been discussing this issue here https://www.weddingwire.com/wedding-forums/what-are-you-doing-for-favors/4a73e3e373899982.html and I thought I would pull it out into its own thread.

Some people are planning on making mix CDs of songs that are important to them for their favors. I do think this is a cool idea but most people don't realize that it is a copyright infringement.

*It is not legal as long as you legally obtained the music. No matter where you got it, you don't have the right to distribute it.

*It is not legal as long as you aren't making a profit. It is illegal because people are getting copies of the music without reimbursing the recording company/artist that spent time and money making it.

*It is not legal if it is a mix CD. Songs are copyrighted individually, not as a CD collection. Unauthorized distribution of one song is still unauthorized distribution. This is why you can be fined up to $250,000 for downloading or uploading one song.

13 Comments

Latest activity by Michaela, on May 22, 2013 at 5:00 PM
  • A
    Devoted August 2009
    amc ·
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    It is generally considered legal to make personal copies of your songs or play them for others, just not to distribute them.

    For more information you can check out http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law

    My supervisor is in charge of handling all of the copyright infringement cases we get at the university I work at, which is the only reason I know anything about this and feel obligated to let you guys know.

    If you read this and say "I don't care, I am still having CDs" I am 100% fine with that. Looking at the responses I got in the last discussion, I just realized that a lot of people don't understand the law and wanted to try to help.

    Clarifications, Questions, Discussion is welcome. I am not a copyright lawyer or anything, I have just had to sit in on a lot of meetings about this. Its possible that I have something wrong but if you think so, please provide sources for the everyone else so we can set the record straight.

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  • Jessica
    Super October 2009
    Jessica ·
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    Just for the record, you're right. In my previous post I was confusing mechanical licensing with performance licensing. My bad!

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  • Teems
    Super October 2009
    Teems ·
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    I use to work in the music industry and many of the times you were allowed to handout with title "For promotional use only" But I don't know the legality behind so your probably right.

    Personally having family who make money through their music, I naturally have respect the artists a lot more. Im not really into copying or downloading... the most is from my cd purchase to my ipod. I do think the idea is cute though.... and most people don't care about rights if its cute and saves them a few buck unfortunately.

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  • Amanda D.
    Super July 2010
    Amanda D. ·
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    My FH's dad is a police officer...I will ask him about this and post his response later!

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  • ~~Bride to Be~~
    Expert May 2010
    ~~Bride to Be~~ ·
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    Well my opnion is this...if you feel as though you will have a hefty fine associated with you copying a variation of songs for your loved ones to remember you special day, then by all means do not distribute them as favors in your wedding. Not trying to be difficult but really....who's having the head of music piracy as thier invited guest at thier wedding, or better yet whose cousin is going to call the law because you gave out a mixed cd as your wedding favor. The scare tactic surrounding "illegal distribution of music", is overrated in my opinion. Maybe its because of where I live, but I do kmow for a fact that someone in my close family copies mixed/whole CD's and distributes them for PROFIT....In his court hearing (I was there) the judge stated that he had violated the copyright laws by copying whole albums and distributing them for profit, however the mixed CD's were not included in the charge due to the "for promotional use only clause"...so I guess its just a chance you take.

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  • Margaret Sneddon
    Margaret Sneddon ·
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    Several harpists I know of, offer low cost CDs of their original music to be given as favors. This is completely legal. I expect other ceremony musicians may also do this. It's certainly worth looking into.

    Best wishes,

    Margaret Sneddon, Harpist

    New York, NY

    www.margaretsneddon.com

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  • Msbaltimore
    Devoted April 2020
    Msbaltimore ·
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    I am agreeing with Bride to be's comment, "who's having the head of music piracy as thier invited guest at thier wedding, or better yet whose cousin is going to call the law because you gave out a mixed cd as your wedding favor. The scare tactic surrounding "illegal distribution of music", is overrated in my opinion. "

    Very well put. If you want to distribute CD's then do it!

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  • Teems
    Super October 2009
    Teems ·
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    I guess I was one the right track with the "for promotional use" statement. I have seen way to many businesses use that for it not to be the loop hole around this law.

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  • soon2bMrsD
    Devoted June 2009
    soon2bMrsD ·
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    Lets be honest --the piracy police are not knocking down your reception door and snatching CD's from your guests hands. Theres too many weddings in the world for them to waste valuable time on that.

    (I can see if you are the head of Sony and at your wedding you pass out mix CD's...thats understandable, but the average wedding-joe...nahhh, nobody cares)

    They catch people who do it for profit and who do it to break the law on purpose. I highly doubt MC Hammer wants to sue me if I use his song in our fun dance.

    I hate scare tactics.

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  • A
    Devoted August 2009
    amc ·
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    I agree - I'm sure none of our family or friends would ever turn us in for a wedding mix. And of course nobody is going to go around trying to bust up weddings for this. The RIAA definitely has bigger issues.

    I hope you don't think I am trying to use scare tactics! Like I said, if you understand the law and don't care, that is fine by me. I'm not here to stop you from doing what you want at your wedding. I just thought it would be nice to inform those people who didn't know in case that would make a difference to them.

    That "for promotional use" thing is interesting though. I'm going to ask my boss if she knows anything about it.

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  • Lois Lyons
    Lois Lyons ·
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    Here is another side to the issue - So, no one at your wedding is going to turn you in, but is it morally correct? All of these folks getting this music, without paying for it.

    Just a thought.

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  • M
    Just Said Yes September 2013
    Michaela ·
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    What about the blood, sweat, and yes, tears we put into making the CD? Also, if the song is good enough maybe it will introduce a new fan. I loved the comment about inviting the head of music piracy and your cousin. Well done!

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