Legal way to copyright instrumental rendition of a published work

[tone_aot]

Hello fam! I'm currently working on a gospel smooth jazz instrumental cd. I have my own original material, but I also want to do a few instrumental renditions of published works currently on the radio. My question is, how do I do this legally? I know if you sample a published work, you have to get clearance and all that good stuff. Is it the same way when you do an original rendition of a song with mild similarities? I've had friends say it's legal to re-play melodies from published works in a new compostion but I am looking for further clarification. I like obeying the law lol!

 

[shorttonpro]

You would making a new arrangement of a composition, which removes any need for dealing with sample clearances from record companies, but you still need the right from the publisher of the song to record it.

You can search ASCAP and BMI's databases to find out who the publisher of the song is:
http://www.ascap.com/ace/
http://www.bmi.com/

Or most likely you can go through the Harry Fox Agency which would handle which would issue mechanical licenses for lower quanitites. Go here:
http://www.harryfox.com/public/songfile.jsp, search for the song, and follow their instructions to get your license. You will pay a fee on top of statutory rate which is 9.1 cents per song per copy.

It could be possible to negotiate a slightly lower rate with the actual publisher.

 

[tone_aot]

You would making a new arrangement of a composition, which removes any need for dealing with sample clearances from record companies, but you still need the right from the publisher of the song to record it.

You can search ASCAP and BMI's databases to find out who the publisher of the song is:
http://www.ascap.com/ace/
http://www.bmi.com/

Or most likely you can go through the Harry Fox Agency which would handle which would issue mechanical licenses for lower quanitites. Go here:
http://www.harryfox.com/public/songfile.jsp, search for the song, and follow their instructions to get your license. You will pay a fee on top of statutory rate which is 9.1 cents per song per copy.

It could be possible to negotiate a slightly lower rate with the actual publisher.

Thank you so much for this information. It is greatly appreciated!!!

 

[gullyjewelz]

I just love to see how people conduct their business! It's always an eye opener. My question is, however--since I am so "stuck" in studio mode- in what have you researched the market to know that you will be getting sales?
I ask because, obviously--I think-would it be worthwhile to pay for a license of someone's material if you're "never" going to get that investment back?
I presume that you already have researched to know who will purchase your product and in some at least slightly reliable manner, you have an idea of how many copies you will be selling?

Or do you just pay the license and agree to pay the supposed 9.1 cents per song per copy and not worry about it until the so-called chickens come home to roost?

(I hope my questions are offensive. I am trying to learn, not agitate)

 

[bdenton]

You would making a new arrangement of a composition, which removes any need for dealing with sample clearances from record companies, but you still need the right from the publisher of the song to record it.

You can search ASCAP and BMI's databases to find out who the publisher of the song is:
http://www.ascap.com/ace/
http://www.bmi.com/

Or most likely you can go through the Harry Fox Agency which would handle which would issue mechanical licenses for lower quanitites. Go here:
http://www.harryfox.com/public/songfile.jsp, search for the song, and follow their instructions to get your license. You will pay a fee on top of statutory rate which is 9.1 cents per song per copy.

It could be possible to negotiate a slightly lower rate with the actual publisher.

One clarification...

I've forgotton the exact criteria, but essentially, once a song has been recorded and made publically available (even if nobody buys it), you don't need any sort of permission to re-record or cover it. However, as was correctly noted, you do have to pay royalties on your sales of the recording...