BENSON SOUND INC.
5717 SE 74th Street Suite F
Oklahoma City, OK 73135
(405) 610-7455
 

The FAQ's about permissions required before recording with soundtracks.

When you purchase soundtracks from any company you are only purchasing the rights to sing live with them.

You cannot record your performances while you are using soundtracks.  You cannot take the soundtracks into a studio and record you voice along with them.

Encore Trax as well as several other companies do have some of their songs that can be leased for recording sessions. We have seen the cost vary between $100 to $400 per song to be used on one project depending on the company you lease the soundtracks from.  This lets you produce as many copies as you desire of the finished CD or Cassette with your voice(s) added to the soundtrack.

You cannot however duplicate the raw soundtrack to be sold, loaned or given away for any reason.

There are several copyright laws that are involved in the use of recordings.

The first is the copyright of the soundtrack itself.  This is the actual recording of the musicians but not the song. 

Secondly there is the mechanical rights or the use of the song itself.  This is to be paid to the publishers of the song and these royalties are usually split between the publishing company and the songwriters.  This usually is .08 cents per copy of the finished product produced.  In other words, if you record a project and and use a song and have 500 cassettes and 500 CD's duplicated the cost per song for the mechanical use would be approximately 1000 (500 cassettes + 500 CD's) x .08 per song or $80.00.  This is payable to the publishing company of the song that you use.

This mechanical rights have to be paid whether you use a soundtrack or record with live musicians.

When you use a soundtrack you still have to get permission from the song publisher and have to pay song royalties when you have copies duplicated but you also have to acquire a lease license to use the soundtrack for the recording.  This is payable to the owner of the actual soundtrack.

Our Encore Trax lease rate starts at $145 per song and drops depending on the total number of songs to be leased for recording.  If you lease 10 songs the cost drops down to 100.00 per song or 1000.00 or the 10 songs.

We supply you with a CD of these tracks along with a license that you take into a studio to prove to them that you have permission to use them on a recording session.

Here is our lease agreement site page http://www.bensonsound.com/Encore_Trax_Leasing.html that covers the Encore Trax leasing costs.

We have been asked "I only plan to record with the soundtracks and give them away to my family and friends.  Can't I just take my soundtrack copies into the studio or my church and record with them?".  The answer is you have to have a lease agreement and pay the recording fee.

A copyright infringement actually starts when you record with a soundtrack not whether you duplicate that tape, sell that tape, give that tape away for a donation or even for free. It does not matter if you go into a professional studio, record the songs at church or even at home.

When you purchase a soundtrack you have the right to use them for live performances only.  You cannot record with the tracks unless you have paid for a separate lease agreement for that song.  This lease agreement is just for use on one recording project.  You can duplicate as many cassettes or CDís of that one finished project but if you later want to go into the studio again to record the song for another project you have to secure another lease agreement and pay another lease fee.

If someone that tells you you can record with a track and not have to pay a lease fee do not listen to them as you will be the one responsible.

Before you use a soundtrack to record with your voice you must have the lease agreement in writing and keep a copy of this lease agreement.  Do not destroy this license.

Read on any soundtrack label and you should find a statement about duplication is prohibited and for live use only.

If you have other specific questions please feel free to email us.

Thanks for using Encore Trax.

 

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