Copyrights and Cover Music

[Zaphod B]

This is a two-sided question about copyrights and cover music.

First: Am I correct in assuming that there can be no additional copyright associated with the performance of previously copyrighted music? For example, Nazareth's interpretation of "Love Hurts" is sonically very different from the original (which I think was first recorded by the Everly Brothers) even though it was structurally very similar. But Nazareth could not have copyrighted their recorded performance, correct?

Second: If I record a cover of previously copyrighted material and release the recording to the public with no financial gain involved (free internet distribution or just giving away CDs, etc.), what is my obligation to the copyright holder, if any?

Thanks, smart people!

[irishfolker]

First: you are incorrect. You can register copyright on the cover recording. It covers the recording itself, not the song. IOW, you are "theortetically" protected from somebody running off copies of your recording of the song, not recording another cover version.

Second: technically, you owe the mechanical rights for anybody else's song that you record and distribute. As a practical matter, however, if you are just giving away copies to friends and family, you can fly below the radar. Besides, the impact on the songwriter's income is so negligible that they are unlikely to pursue any action.

Harry Fox, on the other hand, tends to act like a complete a$$hole.

Jeff

[Zaphod B]

Thanks, Jeff.

So you can claim copyright to your recorded interpretation of a song.

When you refer to the "mechanical rights" are you referring to the composition itself - music and/or lyrics?

And, in theory, how do you go about receiving release for the mechanical rights and determining how much of your income from a cover would have to be passed to the original composition copyright holder?

[Zaphod B]

Jeff, since you referred to Harry Fox, I had a look at the HFA web site and I got a better understanding of the situation.

Thanks again for the response.