Legal question while we're on the subject. We've been using cheer sounds. They claim to be copyright free and only use original music. They recreate every song and have samples of it on the site comparing the original to their recreation. There is a song or two in our mixes that I can tell isn't the original artist if I listen hard enough but everything else sounds completely real. Is this copyright free since they recreated all of it? Wondered because at the end of the day it's still someone else's lyrics, beats etc. If this is legal why don't the champions league teams have cheer sounds recreate their mix?
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Hi All! This is certainly a great question. I hope my explanation helps with some of the more confusing details of music licensing.
There are times that samples can legally be used without written consent. The guidelines are strict, and not following them can lead the offender to legal trouble. Using sample-replay (covers) can help with some situations, but is not a ticket to complete freedom.
Any products that CheerSounds offers publicly (website, downloads, streaming, distribution) are made of recordings that we own. These products include the sample-replay-covers of pop songs, voice overs, sound effects, beats, risers, etc, all of which were recorded or created by our team. Our premade mixes, "build your own" mixes and rec packs are made exclusively of recordings that we own as well. In the scenarios where we are using someone else's lyrics (i.e. a sample-replay), mechanical licenses must be pre-purchased by CheerSounds for each cover, for each sale. License are re-ordered when our prepaid credits have been expended. Some of our sample-replays are almost identical to the originals, and others are more apparently a cover.
Any products that CheerSounds creates but does *not* publicly offer, stream, make available for download, or distribute is preparation for public performance. In this scenario, original music samples may be used. This includes our custom music products. Restrictions apply to the usage of music which contain unlicensed samples. It can ONLY be used in a venue that has active ASCAP licenses, and the mixes can only contain original or ASCAP-member content. These venues include cheerleading gyms and performance venues, providing they are paying their obligatory dues.
Cheer Music fans may have noticed that CheerSounds has no custom music samples on the internet, unless it is completely original or we control 100% of the recordings and the distribution. This is because unlicensed samples are not to be distributed (streaming is a type of distribution, as well as a type of public performance).
The Champion's League is using video, as well as distribution of audio. Combining video and music requires a Synchronization License for the lyrics + melodies, whether the original recording or a cover/sample-replay. Although sample replay allows CL to skip the expensive licensing of the recording from the record company, the sync license requires approval, therefore, is a complicated process. From our perspective, this is why the Champion's League can not use sample-replay/covers.
I hope this explanation helps. If you have any questions, it is easiest to contact us via email at
[email protected].
Carmine Silano
CheerSounds.com
