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Copyright Law/Charity Fundraiser

1 Answers. Asked on Jan 11th, 2016 on Intellectual Property - New Jersey
More details to this question:
I am interested in recording a singing performance (to a foreign language song) and dedicating that performance to a NY based Human Rights charity as a fundraiser. 1) Am I infringing on a foreign copyright (no money to be made for me) 2) Is the charity liable at all? 3) Can i mention the charity dedication on the video of the performance or is it better to casually refer to their work on a site created for this project. What is the best way to go about this? Thanks!
Answers Showing 1 out of 1
Answered on Jan 19th, 2016 at 8:03 AM

The foreign language song is likely protected by copyright law both in the country where the song was recorded and also in the U.S.  You would not be permitted to record your own version of the song without obtaining permission from the copyright owner, and it does not matter that your intended purpose is noble.  If you proceed without getting permission, then you subject yourself to a copyright infringement risk.  By associating the charity with your plans, the charity may also face copyright infringement liability simply by being a beneficiary of your fundraising.  The best way to shield the charity from potential risk is by not recording the song without permission.    

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Intellectual Property
The legal system recognizes the rights of people and companies that invent and create unique works, granting them ownership of those tangible and intangible assets through a number of intellectual property laws. Intellection property, or IP, includes patents, trademarks, copyright, trade dress and trade secrets. Intellectual property attorneys work with businesses and individuals (including inventors, writers, composers, artists and designers) to help protect these intellectual assets. IP lawyers and law firms can assist with taking initial steps to protect assets, while also working with clients to license items and to protect assets that are plagiarized, infringed and/or misappropriated.
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