Question regarding cover songs:

[CB_MUSIC2002]

I am a recording artist and I would like to record a cover song for my album, now here are 2 questions:

1. Do I need permission to record the song, without using it commercially ie, if it doesn't get released.

2. How and who should I seek the permission from and how much would it cost roughly?

Thanks and this looks like a very interesting forum.

http://www.suedeapple.co.uk/rev

[bennychico11]

if you're using it for your own personal use (not selling it for money or playing it publicly where anyone is making money off of you) then no, chances are you don't need to request a license to record it. however, if you do plan on distributing it to people as a promo CD or playing it somewhere at a venue that doesn't have a blanket license or even selling it for some sort of money to earn a profit....then yes. you'll need to get a Mechanical license. You can get this by asking the original recording company who produced it or by finding a company like Harry Fox Agency: http://www.harryfox.com/index.jsp

i also noticed that you're from the UK? You might have laws/licenses that are a little but different from the US...so you'll need to look into that. Especially if you're talking about covering a UK band.

[CB_MUSIC2002]

Thank you for the details.

I would more likely cover a U.S. act or artist.
So let me get this straight, I can record for the sake of recording without permission (more than likely). But to sell or distribute for personal gain then I need permission... which seems obvious I ask so I understand

Thank you again, I am not too sure about U.K laws but I think we share similarities.

[bennychico11]

pretty much. chances are if you record just for fun for yourself, the original artist or anyone associated with them won't give a crap. i doubt they'll even hear it. of course, if they walk into a local music store and see your CD being sold with their song...then you're screwed.

At the same time, if you plan on recording this cover song at a professional recording studio (something that's not a home studio setup or anything)...they might not want to deal with any issues that might result if they put their name on your project and it isn't copyrighted. Pretty much, when in doubt...it's better if you just get it copyrighted to save your ass. There are so many loop holes that can be missed.

[CB_MUSIC2002]

My producers studio is in his home but not just a pc job, so he won't mind if I want to I think. But thanks again appreciated and thanks for making a "newbie" welcome.

[bennychico11]

Originally Posted by CB_MUSIC2002

...and thanks for making a "newbie" welcome.

don't worry, things will change during the hazing process
BWAHAHAHAHAHA

[CB_MUSIC2002]

NOOOOOOOOOO! Not the legendary hazing process of yesteryear!

[Richard Monroe]

Yo CB! First, let me say that I know nothing about copyright law in the U.K., but I know more than I want to about those in the U.S. Most recording artists in the U.S. belong to ASCAP or BMI. When a song is released, it is copyrighted with the U.S. copyright office, and then registered with ASCAP or BMI. You do not need permission to record or play the song. What you do need to do is pay the publisher "mechanical" royalties, which as of 2003-2004, were $.08 per copy, or $.01 per minute, rounded up, whichever is greater. Sounds easy, right? Not. Problem is, all of these royalties are handled by a single law firm, the Harry Fox Agency, and the minimum mechanical license is for 500 copies. If you can get the written permission of the copyright holder (probably a record company), you can do whatever their written permission allows you to do. Often, educational outfits and church choirs will be exempted in writing, if the copyright holder isn't a prick.
Please note that if you do an adaptation, satire, or derivative work, mechanical license does not apply, and you *have* to have written permission. I am here to tell you that I have *done* all of this bullshit, and paid off Harry Fox. The payoff? ASCAP actually sent me a royalty check, because they're playing my stuff on a couple of radio stations. Woo hoo!- Richie

[CB_MUSIC2002]

Hey Richie, I am based in Mass whenever I come stateside. I record in CT actually. Do you know Greenfield, MA? That is where I stay as base. Nice to see a person who lives nearby.

Thank you for your help that is appreciated too. Every little helps. Thanks.

[weez]

hello. this is very interesting. and i have a question. last year, i began to collaborate with a young singer who had connections in the folk music industry. he loved my songs (i had only presented him with lyrics-and they are all previously copyrighted). he wrote new melodies for my lyrics and began performing them to producers, yet he would not tell me who the producer was. he also spoke of recording a CD witn my songs soon. when i emailed him later about copyrghts & contracts. he got all freaked out and said he just wanted to "share lyrics & have a friend". i told him if he's playing my lyrics for producers that we had to discuss contracts. so he said he decided he was tossing out my songs(he's only 22 and real immature). but how do i know that he isn't still playing my song lyrics for producers to make himself look good? is that a legal thing to do here in the USA? or would i need a signed, notarized document from him that specifically states that he is not plalying of recording my songs w/o my permission.
thank you.

[Richard Monroe]

If you have previously copyrighted the material, don't sweat it. He can impress anybody he wants to with the material. Just keep an eye on him (an ear, actually). Buy every one of his CD's and review them carefully. If he infringes your copyright, the potential liability is $200,000 plus the mechanicals, plus court costs. Join ASCAP, and register the songs. Not only will you get a 5% on line discount at musician's friend, but ASCAP will be helpful in collecting the mechanicals if he releases one or more of your songs.
In other words, it is greatly to your advantage if he *does* release your copyrighted material, and *more* to your advantage if he doesn't attribute it to you. It's not likely to happen, though. Any serious pro duplicator will make him prove the copyrights to their satisfaction before they will accept the contract, and if he tries to register the material with ASCAP or BMI, a computer search will most likely pick it up. Could be the end of his career, and a lot of gear for you. Your mantra? "Feeling lucky, punk?. Make my day". That's why you copyright songs.-Richie