Cover Songs; Legal Help

[l2agnarok]

Recently I came across this person who produces for fun and I've asked him to mix a cover song for me. I was to pay him to mix the song together. Problem is, it may be illegal to do as it is not either of our own songs.

In short,
I'm paying someone to mix a song for me.
It's a cover of another song.
I am not selling the song once It is finished.
Can anyone tell me if it's illegal to do this and if it is, is there anyway around it?

EDIT:
If it matters as well. It's a Korean song and we both reside in the US.

 

[kcearl]

If it's for your own entertainment I wouldn't worry about it....

 

[l2agnarok]

The thing about it is, the person I am paying wants it to be totally legal.
Even though I think no one will even care or find us to do something.

 

[kcearl]

thats a pain....

 

[dintymoore]

Harry Fox Agency handles most songs, but I've never heard of anyone getting a license to record a tune.

The original people who did the song want you to record it so you can sell it and give them royalties!

http://www.harryfox.com/index.jsp

Now if you go on that site, it does say "Mechanical licenses are required under U.S. Copyright Law if you want to record or distribute a song that you do not own.".

So there might be some argument that you do by that, but that is not recognizing what goes on in real life.

How about:

Go to Harry Fox's site, see if they have the song and what it would cost to license the minimum (2500) amount, and then just be upfront with your friend that if you later decided to release it you'd get a license.

I've never heard of home studio guys getting a license to simply record a song.

 

[MISTERQCUE]

Recently I came across this person who produces for fun and I've asked him to mix a cover song for me. I was to pay him to mix the song together. Problem is, it may be illegal to do as it is not either of our own songs.

In short,
I'm paying someone to mix a song for me.
It's a cover of another song.
I am not selling the song once It is finished.
Can anyone tell me if it's illegal to do this and if it is, is there anyway around it?

EDIT:
If it matters as well. It's a Korean song and we both reside in the US.

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[l2agnarok]

Ok, maybe I can just have him mix my vocals and I'll do the rest? That way he is just touching up my vocals and nothing with the song. That would fall under acapella or something I believe. Are Acapella covers legal?

 

[dintymoore]

Ok, maybe I can just have him mix my vocals and I'll do the rest? That way he is just touching up my vocals and nothing with the song. That would fall under acapella or something I believe. Are Acapella covers legal?

I don't think vox only is any different.

I recorded a CD of Kui Lee songs and put out it on iTunes. I recorded it and then got licenses for all the songs from Harry Fox. I never got any permission before I recorded them.

Just record the songs, there is no problem, it's what everybody does, and if you want to sell them, then get a license.

If what you asking was a problem then everyone on this forum would be in jail!

 

[Richard Monroe]

No, acapella covers are not any more legal than any other. The minimum used to be 500, not 2500 (did they increase that?), and last I knew, it was .08 per copy, or about $40.00. BFD. In order for mechanical royalties to work, the song has to be registered with BMI or ASCAP. I've gone through the whole deal with the Harry Fox agency, and they are a pain to deal with, but what the hell? If the song isn't registered, you have to deal directly with the copyright holder, and there are no mechanical licenses.-Richie

 

[l2agnarok]

I don't mind posting the song without a license.
However the person I am paying to mix the song for me wants that transaction with him to be legal as he doesn't want to get in trouble.
He says it may be bad for him as he is making a profit off someone else's song by mixing it for me.

 

[dintymoore]

I don't mind posting the song without a license.
However the person I am paying to mix the song for me wants that transaction with him to be legal as he doesn't want to get in trouble.
He says it may be bad for him as he is making a profit off someone else's song by mixing it for me.

It's in the land of the ridiculous, his concerns are unfounded. It's people who don't know who worry about things they don't need to worry about. Really, it is.

If everyone used that thinking society would grind to a halt.

So I'd find someone else to do it, it's way past too anal.

 

[madh4ttr]

as long as you give credit to the song writers, there is no legal issue