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Pre-Recorded Commercial Tracks

"…here is danger…"

Pre-recorded commercial "tracks" to accompany singers are available in most music stores. They are sold for the purpose of public performance…and are NOT intended to be used for recording purposes. Therefore, if a recording artist or producer wishes to use pre-recorded commercial tracks, fees must be paid for the use of those tracks IN ADDITION to the "store-cost" of the tracks and mechanical fees for the song(s).

  • Mechanical/compulsory laws do NOT apply to the use of pre-recorded commercial tracks for recording.
  • Any individual who uses pre-recorded commercial tracks for recording must get permissions from and pay fees to the owners of the tracks.
  • In addition to fees for these permissions, it is necessary to pay mechanical license fees on each song recorded.
  • Fees for use of pre-recorded commercial tracks are negotiated one-by-one with copyright owners. Owners may:
    1. Allow the right to record their tracks free of charge. (Very unlikely.)
    2. Charge a small fee.
    3. Charge a large fee.
    4. Deny the right to record their tracks!

Timing is critical. It is ALWAYS prudent to get ALL permissions before beginning a recording session that will use pre-recorded commercial tracks. Not to do so is to risk spending a great deal of money only to be unable to legally produce phonorecords.

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