Free for a Fee

Dear Rich: I have a question. A private Christian school wants to record their students singing traditional Christmas songs, some public domain, some not.  They want to sell the CD to the parents and supporters of the school as a fundraiser. Is there any problem with this? I’m so glad you asked. The short answer to your question is, “maybe.” Recording and duplicating a copyrighted (non public domain) song is an infringement and not likely to be considered a fair use. Under the law, the owner of the song copyright could hassle you and make you stop your distribution. Of course, as with all minor infringements like this, the question is raised, “If a Christmas tree falls in the forest, will anyone hear it?” In other words, if your infringement is so minor, transient, or trivial, will the copyright owner find out about it (and will they care if they do?)

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