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Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 31731
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Dear Sir or Madam- Myself and three others have a "garage

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Dear Sir or Madam-

Myself and three others have a "garage Band", guitars and drums.
On our own, we have recorded some of our own original music plus some music that has been composed and copywritten by others.

We wish to make some CD's to pass out to friends for free.
If we make a statement on the label that says "THIS PRODUCTION IS FOR HANDOUT ONLY AND NOT FOR SALE"
Would this be acceptable regarding any copyright concerns?

Thanks for your reply!

Roger : Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question. I'll be glad to assist.

Are you there Roger?

Roger : Yes, I'm here. I was reviewing a few things.

OK, I'll hang loose and wait for your reply

Roger : Usually, if there's any expectation of gain from the distribution of the CD's - even if that is getting new gigs - could be considered infringement because there's a potential to make money from the distributions.

We are doing everything ourselves and there are no "distributers" involved.


We would only give free CD's to friends

Roger : I understand that you're not using a distributor - - I'm just referring to distributing the CD's to others.
Roger : The issue is that it's very unlikely that any of the artists would ever find out about your CD, so the likelihood of being sued is low.

OK, I should add that we will never have any gigs or any other performances. We only get together in the basement and record our stuff. That's as far as that goes.

Roger : Ok. If you're making the CD for private use, and not for promotional purposes, etc., then it would be highly unlikely that you'd face any trouble.

Thanks for you help Roger and you've just earned an "Excellent Service" vote from me!

Roger : It would also be very unlikely that the artists would ever know anything about the CD if it's not being offered to clubs/venues, etc. to promote your band for job opportunities.
Roger : Thanks for allowing me to assist, and please rate our conversation positively so I can receive credit for my time.
Roger : Let me know if you need anything further.
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