This is sort of a tangent, but what is the legal status of arrangements for use as routine music? Does it fall under fair use, or do you need to acquire a license from the copyright holder?
Here's my understanding to the best of my knowledge. Disclaimer: I am not an attorney. However, we consulted extensively with an attorney who specializes in intellectual property (copyrights) when we started our business.
For Energym to sell a song written by someone else - let's use for example Superstition, written by Stevie Wonder - we must buy a mechanical license which allows us to sell however many copies of that song as we pay royalties for in that license. This means that when you buy a song from Energym, we have properly compensated Stevie Wonder for being the writer of the song.
That license DOES NOT allow us or anyone else to use the original artist's recording - we must produce our own original recording from scratch. It is not legal for us to "edit" Stevie Wonder's recording of the song and re-sell it, even if we say we're just charging for the editing service. Our understanding is that any business who "edits" or "cuts" original artist's recordings for a fee are doing so illegally unless they have secured a special license to do so. Such licenses would cost thousands of dollars to buy for each song.
It would be the same as if you were to download a bunch of songs from ITunes, put them on a CD and sell the CD. It's stealing from the artists even if you claim you are just charging for the service of compiling the song. Copyright law does not allow you to do that. It's called "bootlegging".
Now, if a gymnast wants to edit Stevie Wonder's version of the song and use it "for their own personal use", that is fine AS LONG AS they do not sell the edited song to someone else.
Here's another tangent of the same subject: Gymnasts are not required to get any kind of license to use their floor music in a public setting such as a gym. However, gym owners ARE required to get performance licenses from organizations such as ASCAP, BMI, and SESAC to cover the use of the gymnast's song. This is the same type of license that restaurant owners must buy to play music in their businesses. This way, the composer of the song is compensated for having his/her song played in a public setting. This isn't just a nice thing to do - it's actually part of US law.
Hope this helps. Sorry to go on so long about it. I know that most people don't really understand the details of copyright law and end up crossing the lines without ever realizing it.
Larry Hall
Energym Music, Inc