Legal Question: putting covers on your CD

T

the edzell

New member
Greetings and Salutations

I’ve been recording a demo for a band that is turning out better than expected. The band now wants to release it into stores.

What is troubling me is that there are a few “covers” on the disc. Granted they put their own spin on it but that isn’t the question. The question is what the legal implications are.

I know it’s like a speeding ticket and the artist that are covered will probably never know. However speeding tickets are expensive and I don’t want to have my name on anything that could get me a huge fine.

I work in advertising and I know no agency or station will put artist music on a commercial without written permission and most avoid using commercial music altogether going with copyright free music or other options.

Just wanted to know if anyone has experience with this or has released a disc with “cover” songs on it. What do I need to do to cover my butt or should just sell the band that their orignals are strong enough to sell the disc and to ditch the covers?
 
"that their originals are strong enough to sell the disc and to ditch the covers?"

Originals vs. covers? My guess is, that when your original material is stronger than the covers you do, [promote the originals]. Unless, the covers are so well done and/or are better/stronger than the originals.

Either way, sounds like you're burdened with the decision. Then, when the CD takes off, you'll at that time, be blessed for making the decision.

As far as the legal aspect goes, notify the cover's publishing, ASCAP or BMI and let them know what your intentions are first. In some cases, they're flattered and allow a limited release before they litigate.
 
the edzell said:
Greetings and Salutations

I’ve been recording a demo for a band that is turning out better than expected. The band now wants to release it into stores.

What is troubling me is that there are a few “covers” on the disc. Granted they put their own spin on it but that isn’t the question. The question is what the legal implications are.

I know it’s like a speeding ticket and the artist that are covered will probably never know. However speeding tickets are expensive and I don’t want to have my name on anything that could get me a huge fine.

I work in advertising and I know no agency or station will put artist music on a commercial without written permission and most avoid using commercial music altogether going with copyright free music or other options.

Just wanted to know if anyone has experience with this or has released a disc with “cover” songs on it. What do I need to do to cover my butt or should just sell the band that their orignals are strong enough to sell the disc and to ditch the covers?
Click to expand...

If you do a cover song on your CD and release it to the general public for sale you must obtain a mechanical license to do so. Check the Harry Fox Agency online. They handle just about EVERYBODY's mechanical licensing. I don't have the URL at hand, but just do a search for it and you can read a whole lot about mechanical licensing and even get a price quote. The price depends on how many you are going to print.
 
You need mechanical licenses from Harry Fox for ALL covers on a CD release. As a matter of fact, many duplication houses require it before they'll even make the copies.... (they have to report the number of copies back to Harry Fox for any CDs containing covers)
 
Thanks Blue Bear. As always your information is on right on the money and appreciated.

FYI: I checked out the web site and for under 2500 CD’s released in the USA it is $10.00 per “cover” for the rights.
 
the edzell said:
Thanks Blue Bear. As always your information is on right on the money and appreciated.

FYI: I checked out the web site and for under 2500 CD’s released in the USA it is $10.00 per “cover” for the rights.
Click to expand...

Sheesh... I said it first! :)

I think you are going to find that the $10 is only the processing fee. That will be added on to the actual amount you have to pay for the mechanical license. The actual amount will be much higher. I paid 49.50 for one license and 85.00 for another. Oh, and the processing fee was added on to those.
 
The actual cost I believe is currently $0.07 or $0.08 PER SONG (under 5 minutes or so) PER COPY, plus any admin or processing fees. Over 5 minutes costs a cent or two extra.

So 1000 copies of a CD containing 3 cover songs (each under 5 min!) will cost (($0.08 * 3) * 1000) = $240 in mech. licenses + any admin fees Harry Fox tacks on...
 
livilaNic said:
I was thinking the same thing.

*Wondering what that's all about?*
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Well, I'm fairly new around here and in all honesty, Blue Bear has a great reputation in these forums. I was just being sarcastic. I think of all the people that participate in this forum, Blue Bear is one of the most knowledgeable people. I've already learned TONS from his posts.

But, the answer to the original question of using cover songs was something I ran into a LONG time ago so I knew the answer.
 
7string said:
Well, I'm fairly new around here and in all honesty, Blue Bear has a great reputation in these forums. I was just being sarcastic. I think of all the people that participate in this forum, Blue Bear is one of the most knowledgeable people. I've already learned TONS from his posts.

But, the answer to the original question of using cover songs was something I ran into a LONG time ago so I knew the answer.
Click to expand...

I hear ya man. I wasn't tryin' to push buttons. :D
 
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