Zaphod B
Raccoons-Be-Gone, Inc.
If I record a cover of copyrighted material, can I post the recording on a site like SoundClick, without permission, if I am not selling it or otherwise profiting financially?
Thanks!
Thanks!
DavidK
New member
Absolutely not. Well, on Soundclick they will not check, but it doesnt matter if you make money or not, you still have to get a mechanical license from Harry Fox.
Zaphod B
Raccoons-Be-Gone, Inc.
Thanks, David. I want to be completely on the up-and-up.
How much does Harry Fox charge for a mechanical license?
How much does Harry Fox charge for a mechanical license?
DavidK
New member
Its something like 95 bucks per 1000 cds.
Zaphod B
Raccoons-Be-Gone, Inc.
I assume that 1000 CD limit also includes web space postings with sales limited to 1000 units (even though sale is not my intent).
Is this a song-by song license, or could I get an umbrella license for, say, 15 covers?
Is this a song-by song license, or could I get an umbrella license for, say, 15 covers?
Zaphod B
Raccoons-Be-Gone, Inc.
Thanks, David. 
Zaphod B
Raccoons-Be-Gone, Inc.
Ya know, this isn't exactly cheap, just to be able to record a cover and post it.
To get a mechanical license for 5 songs, each at 5 minutes or less duration, costs $188.75 by my accounting. The cost includes both the statuatory license fee and HVA's processing fee.
I mean, it's not going to break the bank, but that's a fair amount of beer money.
To get a mechanical license for 5 songs, each at 5 minutes or less duration, costs $188.75 by my accounting. The cost includes both the statuatory license fee and HVA's processing fee.
I mean, it's not going to break the bank, but that's a fair amount of beer money.
Nate74
HR4FREBR
I may be unusual in this, but I like being paid for my work... 
Seriously, don't think about it as paying somebody for nothing. You're paying an artist for his work. I don't know how much actually gets to the artist, but that's the amount I always try to concentrate on.
I don't write good songs, but if I were to find a diamond in the rough someday and somebody else recorded it and made money on it, I'd want a cut and I imagine most of us would. Just my .02 dollars though.
Seriously, don't think about it as paying somebody for nothing. You're paying an artist for his work. I don't know how much actually gets to the artist, but that's the amount I always try to concentrate on.
I don't write good songs, but if I were to find a diamond in the rough someday and somebody else recorded it and made money on it, I'd want a cut and I imagine most of us would. Just my .02 dollars though.
DavidK
New member
Nate74 said:
Read the first post. He has no intentions of making money.
A Reel Person
It's Too Funky in Here!!!
...
Digital Licensing
HFA offers licensing for various digital formats, including full-length permanent digital downloads (DPD's), limited use digital downloads, on-demand streaming, and more.
What it boils down to is that you pay the statutory rate (19¢) per song stream and download, which is accounted for monthly.
Digital Licensing
HFA offers licensing for various digital formats, including full-length permanent digital downloads (DPD's), limited use digital downloads, on-demand streaming, and more.
What it boils down to is that you pay the statutory rate (19¢) per song stream and download, which is accounted for monthly.
Zaphod B
Raccoons-Be-Gone, Inc.
Right. You pay the statuatory rate plus a per-song processing fee.A Reel Person said:
I'm not complaining (not too loudly, at least) and I don't want to deny any artist income from their work. I just would like to be able to post my interpretation of others' work for criticism and comment. But hey, it is what it is.
I did see on the HFA site that the publishers themselves have the right to offer reduced-rate licenses. I don't know that they ever do, though.
crankypants
UngovernableChaoticEntity
educational purposes?
What if there was a website set up for the specific purpose of doing something like what the MP3 Clinic does here? Couldn't there be an exception under the fair use clause because the song is being posted for educational purposes?
I don't see the problem if no money is changing hands...
What if there was a website set up for the specific purpose of doing something like what the MP3 Clinic does here? Couldn't there be an exception under the fair use clause because the song is being posted for educational purposes?
I don't see the problem if no money is changing hands...
Nate74
HR4FREBR
Since there's no way to know if he is or isn't making money directly, or indirectly for that matter, the rules apply to ALL usage. If I recorded a CD with 9 originals and 1 cover, could I sell the CD as a 9 song CD and claim the cover was free? Or if I recorded a few covers, made a demo that I gave out for the purpose of getting live shows (paying) could I use the tunes fro free? Obviously not, so the law is pretty specific on what you have to pay for. All Usage.DavidK said:
So I don't think that just claiming "I don't intend to make money off this" will save him. The lawyers probably wouldn't buy it... if they found you that is.
DavidK
New member
Nate74 said:
I didnt say it would save him, I said "absolutely not"
Yes, you gotta pay it or risk it.
Zaphod B
Raccoons-Be-Gone, Inc.
Yep, Nate and David, you're both right. And in the grand scheme of things it's not that much money to be sure that you're doing it right.
Zaphod B
Raccoons-Be-Gone, Inc.
And, again, I could always request a reduced-rate license from the publishers - all they can do is say, "Not ony no, but hell, no, and now we know who you are!"
Either way you have to pay HFA's per-song processing fee, so it's not like you can save that much money anyhow.
Either way you have to pay HFA's per-song processing fee, so it's not like you can save that much money anyhow.
Nate74
HR4FREBR
I don't know much about the reduced-rate thing but it would almost certainly be worth looking in to and you're right, all they can say is 'no'.
But regardless of how your proceed, I think we can all agree you're about to write somebody a check...
But regardless of how your proceed, I think we can all agree you're about to write somebody a check...
Zaphod B
Raccoons-Be-Gone, Inc.
Yep! The only question left to answer is, "How much?"Nate74 said:
Nate74
HR4FREBR
I just jumped on Harry Fox to read up on this topic and on a whim decided to check on some of the songs my band is about to record for a demo.
What are you supposed to do if you're covering a song by a band that is small and never national and their songs aren't listed on the Harry Fox site? Are there other licencing agencies... I've always found every song I needed to on the Harry Fox site.
What are you supposed to do if you're covering a song by a band that is small and never national and their songs aren't listed on the Harry Fox site? Are there other licencing agencies... I've always found every song I needed to on the Harry Fox site.