Licensing Rights for Cover Songs

gatorhaus

New member
How do I get the rights/permission to record a cover song and distribute that song.

I am working on a CD with cover songs for a church project (pop songs with the lyrics changed) I am wanting to hand this out for free (a charity project) but I know I will need permission and probably need to pay a fee for this.

Point me in the right direction please.

larry
 
If you're handing them out for free, I don't think you need to make any deals with any record companies.

Correct me if I'm wrong. But you're not making a profit, so I don't think any record company would have a problem with it.
 
Drummer4Life05,

True, I will not be making a profit, but I am plublishing copyrighted works, I think I at least need permission or something.

larry
 
You contact the Harry Fox Agency and you make arrangements to pay Mechincal License fees for every copy of each cover you perform...

The current rate schedule (US) is as follows:

STATUTORY ROYALTY RATES

For the period January 1, 2004 to December 31, 2005 the statutory mechanical royalty rate is as follows:
8.50 Cents for songs 5 minutes or less
or
1.65 Cents cents per minute or fraction thereof over 5 minutes. *

* For example:
5:01 to 6:00 = $.099 (6 x $.0165 = $.099)
6:01 to 7:00 = $.1155 (7 x $.0165 = $.1155)
7:01 to 8:00 = $.132 (8 x $.0165 = $.132)

On January 1, 2006, the rate will be raised to 9.1 cents for songs 5 minutes or less and 1.75 cents per minute or fraction thereof over 5 minutes.
 
The Harry Fox Songfile website can set you up with licensing for your song, take care of all the "paperwork," will calculate for you the fee for licensing:
http://www.songfile.com/

The website charges a $10 fee and charges the statuatory royalty rate to a credit card (if you have one available for church use). For example, releasing 500 copies of a three minute song will cost you $52.50.

If you do not have a means of charging it online, you can download the PDF versions of the songs at:
http://harryfox.com/mechanical_forms.html

From the Harry Fox website
Terms and Agreements
You have advised us, in our capacity as Agent for the Publisher(s), that you wish to obtain a compulsory license to make and to distribute not more than the requested number of phonorecords embodying the copyrighted work, under the compulsory license provisions of Section 115 of the Copyright Act.

On behalf of said Publisher(s), the following constitutes your authority to make and distribute the limited quantity listed above of such phonorecords, for and in consideration of the aggregate sum (payable in advance) at the Statutory royalty rate . This authority will be automatically effective, and the terms hereof shall be and be deemed accepted by you, upon your non-refundable payment by credit card of the license fee set forth herein.

The authority hereunder is limited to the manufacture and distribution of the above-stated quantity of phonorecords to the public for private use only, solely in the United States and its territories and possessions, and not elsewhere.

This license covers and is limited to one particular recording of said copyrighted work as performed by the artist and on the phonorecord number identified, and this license does not supersede nor in any way affect any prior agreements now in effect respecting phonorecords of that work.

Please Note : An HFA mechanical license does not include the right to display or reprint lyrics or the right to print sheet music. Nor does it cover any use of the song or lyrics in karaoke or "CD+G" product. For these rights, you must contact the publisher(s) directly. If you are duplicating from pre-recorded material or "sampling" * , you must also obtain a MASTER RECORDING LICENSE ** directly from the record company that owns the master to the recording.

* The use of pre-recorded material (sound clips) within another recording.
** If you are using previously recorded material not owned or controlled by you, you must first obtain the rights to do so from owner of those sound recordings, i.e. the original record company.

Please be advised that you will be charged a $10.00 non-refundable processing fee per license, which will be added to the license amount and processed as a single charge to your account.
 
ChristopherM,

Thanks. you defintely went above and beyond the call with that one. I'll get those taken care of before the summer.


Another Q.

If I post it in the mix clinic does that count as distribution per se. Or is that different than burning a copy of your mix for a colleague to critique and suggest improvements. Or am I splitting hairs.

larry
 
If you offer downloads I think you would have to pay for every download

If you are streaming there might be different rules (same as a radio station)

I am making this stuff up, so someone correct me if I am wrong
 
gatorhaus said:
If I post it in the mix clinic does that count as distribution per se. Or is that different than burning a copy of your mix for a colleague to critique and suggest improvements. Or am I splitting hairs.

Well...technically, you shouldn't post your version of the song without paying, but many people get away with it in this kind of situation.
I wouldn't personally sweat it as long as I didn't leave the song up very long.
 
I don't see it as a violation posting it in the Clinic... after all the purpose of the clinic is more like a testing ground for the mix rather than a release of the final mix right?

- Tanlith -
 
tanlith said:
I don't see it as a violation posting it in the Clinic... after all the purpose of the clinic is more like a testing ground for the mix rather than a release of the final mix right?

- Tanlith -

Well, technically, posting it to the clinic is a "release." It doesn't matter if the mix is done or not. In fact, it doesn't matter if you hum the whole thing.

Like I said, though, I wouldn't sweat it.
 
Hmm

I am working on an album right now that will be nothing but covers. I was going to make it freely availiable (like all my other music) to download, cover art, inserts, and all. I have been researching how to handle the copyrights.

I wonder how the compensation would need to be handled for downloaded music.
 
I think if the CD is truly 'free' (no payment) then you're unlikely to get lawyers on your back unless you get some major publidcty and exposure and get drawn to to the attention of ...whoever.

Technicaly, even if your CD is free, you still have to pay a royalty for recording someone else's material.
 
Just to give you guys a heads up, you DO NOT want to make digital downloads of cover songs. It's a completely different animal. HFA provides mechanical licenses, which is for a tangible phonorecord (or CD as the case may be). This does not cover digital downloads. Downloads are a real hassle that require you to turn in a monthly report to the publisher and you need a Certified Public Accountant to do it properly. You can find out more by visiting the digital download section through the musicians back door at cdbaby.net

Another issue is that you mentioned changing the lyrics of the songs. Technically, you're not supposed to do that. Also, you can't reprint the original lyrics in any text on your CD inserts either.

I included an industrial rock remake of Journey's "Separate Ways"
on my latest CD www.cdbaby.com/neilhess and Harry Fox did not have licensing agreements available for it. I actually had to contact the publishers directly to get permission and pay the advance royalty. I think this was a rare occurance though, as HFA has millions of songs available. Thankfully, the publishers were really cool about it and extremely helpful.
 
Quadrajet,
Credit to you for going down the official route. But what are thachances you would have been caought out if you had just covered it and not bothered? Secondly, if you had done the latter could you have paid the license fee retrospectivley?

Just curious.
 
Back
Top