Cover Song question...

powderfinger

powderfinger

New member
Hey guys...quick question.

I'm putting together a website where I will be offering a lot of my music for free, possibly w/ a short EP for sale, but for the most part, the music is going to be free.

In addition to originals, I've recorded a few covers that I'd like to make available. I have no intention of selling them, thus I don't know if need to obtain rights.

Is it legal to distribute covers w/o obtaining liscenses if I am not selling them?

Any help would be great. Thanks.
 
You can until the author of the song contacts you and says he/she/they don't want it on your website. As long as you are not selling it you can release a cover, you have copyright over the sound recording itself, not the song... but you don't need to contact the author, you can cover it and release it for free as long as they don't say you can't. I'm no lawyer, but that is my understanding of copyright law.
 
Legally, you must obtain a mechanical license to record a cover, regardless of whether you intend to sell it or not. In the US, most of these can be handled by the Harry Fox Agency. They will handle obtaining the license for a small fee. It's a set fee for up to 2500 copies, I think.
 
scrubs said:
Legally, you must obtain a mechanical license to record a cover, regardless of whether you intend to sell it or not. In the US, most of these can be handled by the Harry Fox Agency. They will handle obtaining the license for a small fee. It's a set fee for up to 2500 copies, I think.
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What if this is online only though? In other words...no physical copies. Is a download considered a copy?
 
powderfinger said:
What if this is online only though? In other words...no physical copies. Is a download considered a copy?
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Like I said, recording it requires the license (legally), even if no one hears it but you. Any distribution is distribution, even internet downloads for free. I'm not saying that everyone does this, but that's the correct way to go about it. Your best bet would be to leave the covers off the site.
 
powderfinger said:
Thanks guys. Much appreciated...I guess I'm probably just going to leave them off the site.
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I've collabed, and posted some covers before, but they are so terrible that the original artist won't even acknowledge that it is their song. :eek:

This could get someone in trouble, if the artist found out, and chose to do something. I think technically they can demand money on the spot. The written law is pretty hard to read, but once someone proves they have the rights to a song, not much you can do about it.
 
Just for the heck of it, I checked how much I'd have to pay to cover John lennon's "working class hero" on a min of 500 CD's. total cost is $52.50 not too bad to be on the safe side. if i put together a cd, i'm definitely using that tune :)
 
So I guess that's what I don't get....what will it cost if I were to distribute it for free online? The same as if people were paying for it? That doesn't seem to make sense to me.
 
Just do it!

No one will care! Neil Young won't sue you for putting a cover of him on your website! Legalities being what they may, no major artist will give any notice to your cover, unless you're reaping loads of cash off it, or somehow siphoning off the artist's revenue stream because of it.

Furthermore, (in my case), I'd like to see Yoko, Bowie and Dee Dee Ramone sue me! That'd be front page news!

http://www.nowhereradio.com/davemania/singles
 
A Reel Person said:
No one will care! Neil Young won't sue you for putting a cover of him on your website! Legalities being what they may, no major artist will give any notice to your cover, unless you're reaping loads of cash off it, or somehow siphoning off the artist's revenue stream because of it.

Furthermore, (in my case), I'd like to see Yoko, Bowie and Dee Dee Ramone sue me! That'd be front page news!

http://www.nowhereradio.com/davemania/singles
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Course it wouldn't be those artists suing you, it would be some suit from a publishing house you've probably never heard of telling you to cease and desist forthwith - so not even any publicity value in it!
 
If you are using "Cover Material", you will need to contact the publisher and request the rights to record it. If you are wanting to release the "Original Artist", you can contact the Harry Fox Agency and pay for your "Mechanical Rights" to distribute the original. You will also need to get permission from t he Label.

Playing Original recordings over the internet would fall under broadcasting. This creates a whole new set of rules. You would have to shell out your $2500.00 to Sound Exchange (RIAA) and also register with and pay your dues at ASCAP, BMI and SESAC accordingly. It really cost more than it is worth. I run an internet radio station for awhile and it was just too overbearing with all the fees you have to pay.

The best thing to do is leave the cover material alone and just do your own stuff. Then, you can do whatever you want with it and not have to pay anyone else for it.

Mike
 
There are a lot of different ideas here. Obviously someone is wrong. I personally would cover it if I were just releasing it on the internet, then if I got a cease and desist letter - I would.
 
grn said:
There are a lot of different ideas here. Obviously someone is wrong. I personally would cover it if I were just releasing it on the internet, then if I got a cease and desist letter - I would.
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Well, I happen to know alot about this subject, but if you want to read up on it yourself, check out the RIAA (Sound Exchange) site http://www.soundexchange.com/licensing101.html. You do not want to be reckless and be sued for several thousands of dollars when these agencies come knocking on your door. They do not have to send you any prior warning of suit, other than the actual subpoena to appear in court.

You really don't want to mess around with the DMCA, it will always bite you in the butt. The best advise anyone here could give is for you to contact a music attorney, or at the least, one who deals with copyrights. You don't want your first shot at fame to be because you are a defendent in a court case. NOT WORTH THE RISK.

Mike
 
Unless you're getting a lot of attention, no one's going to care. That's ridiculous saying that you're supposed to obtain the rights before you even record it. You're technically not supposed to copy songs to CD and make compilation CDs (and I'm not talking about online downloads; I'm talking about making compilations from CDs that you bought). You're also not supposed to go 72 mph on a freeway with a 70 mph speed limit. How many of you have broken that law?
 
famous beagle said:
Unless you're getting a lot of attention, no one's going to care. That's ridiculous saying that you're supposed to obtain the rights before you even record it. You're technically not supposed to copy songs to CD and make compilation CDs (and I'm not talking about online downloads; I'm talking about making compilations from CDs that you bought). You're also not supposed to go 72 mph on a freeway with a 70 mph speed limit. How many of you have broken that law?
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I think powderfinger's sole intention is to get a lot of attention, otherwise, why would he put up a website? What you do in your own home, which might not be legal, is one thing, but would you put up a billboard that reads, "I use illegal music" and put your name and address on it?

Whether you think it is rediculous or not, it is still the law. You choose to abide by it or else you take the risk of being caught. Some of you may like taking risk, but if you are serious about your music career, you sure as hell wouldn't want to piss off the Recording Industry, now would you?

Some of you might just be hobbiest, but others are trying to make a career out of their music. Advising them to "Take Risk" and "Break The Law" is not good advise at all.

Mike
 
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