Legally Release a Cover Song.. Please Help !!

  • Thread starter Thread starter Jayburger
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Jayburger

Jayburger

New member
Hi Guys,

Please can someone help me out here…

I have setup a new record label and released some guitar backing tracks to iTunes to get things tested account wise etc…

I want to legally release some cover songs for digital download in the UK and I am getting conflicting reports…

I have searched the web and seen HFA etc… and one on tune core called limelight… were you simply pay in advance i.e. 9p per song for Adelels Someone Like You…

However… After contacting the PRS in London as I wanted to check I was doing it right.. I got a confusing email saying Mechanical Licenses are a USA requirement… In the UK you don't need them.. The distributor will sort out the license !?

Can someone please shed any light on this confusing matter !?

Kind Regards

Jason

www.majorsinner.com
 
I'm not in the UK I'm in the US, but I released a cover years ago and actually called the artist to ask permission. He let me know that he had the right (as I did) to release any cover. You need to give clear/accurate credit to the songwriter, the publisher and their rights organization; BMI, ASCAP, etc.. Those organizations are charged with collecting mechanical and/or performance fees from clubs, TV, radio, whatever.
 
komposer said:
I'm not in the UK I'm in the US, but I released a cover years ago and actually called the artist to ask permission. He let me know that he had the right (as I did) to release any cover. You need to give clear/accurate credit to the songwriter, the publisher and their rights organization; BMI, ASCAP, etc.. Those organizations are charged with collecting mechanical and/or performance fees from clubs, TV, radio, whatever.
Click to expand...

Lol. You sure about that?
 
komposer said:
I'm not in the UK I'm in the US, but I released a cover years ago and actually called the artist to ask permission. He let me know that he had the right (as I did) to release any cover.
Click to expand...

And the original artist or record label has the right to sue the crap out of you for illegally reproducing the song that is copyrighted under their name.
 
guitaristic said:
And the original artist or record label has the right to sue the crap out of you for illegally reproducing the song that is copyrighted under their name.
Click to expand...
I'm not sure they do as long as you pay the fees. I've always been told you can do covers as long as you credit everyone and pay the fees
 
Lt. Bob said:
I'm not sure they do as long as you pay the fees. I've always been told you can do covers as long as you credit everyone and pay the fees
Click to expand...

Yeah! But I don't think he mentioned anything about paying fees!
 
17 hours and 7 posts, and we are no closer to an answer. We NEED an entertainment-industry attorney to become a member of this forum.

I know how it works for LIVE performance of copyrighted material (which, by they way, is pretty much anything that's been written, if the writer puts "copyright Joe Blo," it's copyrighted.)
Music performed in clubs, bars, etc- venue owner pays a fee to BMI, ASCAP, etc. and all is well.
Music performed elsewhere (churches, for example) from printed, purchased sheet music- performance license included with music purchase price, one-for-one per each piece of sheet music purchased.

But I don't know about recording, except that the performance license that comes with the sheet music does NOT, in the large majority of cases, include a recording license.
 
Again: US. Go ahead and try to get the green light from Harry Fox,... it will be a year or two before they tell you to you can release it. Complete BS.
Nobody, especially the artist gives a rat's ass about Harry Fox or any other chaser agency. OK, are they going to after you if you sell a million copies??? Maybe. (A big "Maybe").
This is a Home Recording forum.

Let's be real.
 
komposer said:
Again: US. Go ahead and try to get the green light from Harry Fox,... it will be a year or two before they tell you to you can release it. Complete BS.
Nobody, especially the artist gives a rat's ass about Harry Fox or any other chaser agency. OK, are they going to after you if you sell a million copies??? Maybe. (A big "Maybe").
This is a Home Recording forum.

Let's be real.
Click to expand...

So basically we should go ahead and and break the law just because we won't be caught, yeah?

:rolleyes:
 
Hi Guys…

Thanks for your replies…

I have had a reply from PRS (Performing Rights Society) in London.. and basically they are saying.. Upload your cover to iTunes, and iTunes licenses will cover it !?

Still not 100% Sure how?? But they ate the people in the UK !..

Below for your reading is the email conversation.. I have removed names and numbers for obvious reasons…

Last email first.. Please let me know your thoughts !?

Cheers

Jason

Hi Jason,

If you upload the track to iTunes, their licence will cover you.

Kind regards,

E

E l Music Licensing Agent
PRS for Music l Elgar House, 41 Streatham High Road, London, SW16 1ER


E: Applications@prsformusic.com W: PRS for Music


From: Jason
Sent: 12 October 2011 19:04
To: ~applications
Subject: Re: Contact Us Website Enquiry

Sarah,

Thank you for your reply..

To be honest.. No.. I do not understand it...

So if I upload a cover version of Adeles 'Someone Like You' sung by Damian... and produced by me. Major Sinner Records Ltd... I could just upload it to iTunes and they will distribute the royalties required back to Adeles publisher ?

Sorry If I sound think but I am new to this and want to do it right from the start... I have a recording as mentioned above and want to release it legally and fairly..

Thank you for your help..

Kind Regards

Jason

On 12 Oct 2011, at 14:27, ~applications wrote:

Hello Jason,
In the UK it is the responsibility of the music service provider (ie whoever is hosting the content) to licence the music sold/streamed etc.
You would only need to take out your own licence if you were selling downloads etc from your own site.
I hope this clears things up.
Best regards,
S l Music Licensing Agent
PRS for Music l Elgar House, 41 Streatham High Road, London SW16 1ER


W: PRS for Music

From: Jason
Sent: 11 October 2011 11:23
To: ~applications
Subject: Re: Contact Us Website Enquiry
Hi M,
Thank you for your reply..
I think digital download only.. I use Tune Core to distribute so it would be on iTunes & Amazon MP3.
What I could make out on the PRS site is that you can pre pay, or pay as sold and invoiced.. Which as a new company would be the better option.. But.. As a new company, the company business bank account has no history or credit history. Could you please advise on this also.
What would be difficult is to predict sales, so a pre order would be minimal to keep costs down.. But then if you sold more than paid for could you just amend and pay extra !? If you see what I mean ?
Any help greatly appreciated.
Kind Regards
Jason


Sent from my iPhone

On 11 Oct 2011, at 11:04, ~applications <applications@mcps.co.uk> wrote:

Hi Jason,
Thank you for your email.
Will you be putting these cover versions on to CD's or will they purely be for digital download? If they will just be for digital download purposes where will they be made available?
Kind regards,
M
M l Music Licensing Agent
PRS for Music l Elgar House, 41 Streatham High Road, London, SW16 1ER


E: applications@mcps.co.uk W: PRS for Music

We're here for music

From: do-not-reply@prsformusic.com [mailto:do-not-reply@prsformusic.com]
Sent: 10 October 2011 21:09
To: ~applications
Subject: Contact Us Website Enquiry
 
You have to get a license, iTunes doesn't cover anything for you. They wouldn't open themselves to litigations like that. If you're uploading through Tune Core here's an excerpt from their Help section:

If you plan on distributing a cover song, you will need to first get permission (and possibly a license) from the original copyright holder to release your song digitally. You can do so very easily in your TuneCore account with a company called LimeLight. Just login to your TuneCore account, click the "Special Artist Offers" tab on the top right of the page and select "Clear Cover Song."

For more detailed copyright info you can view a free PDF booklet we have on the subject here.
Click to expand...

Located HERE

I believe your PRS is only concerned with collecting royalties from airplay and performances, not from licensing the use of a song.

So, go to LimeLight, get your license and be done with it. Yes, pay in advance. :)
 
Cheers Chili..

I have seen the limelight link before now… Its very simple to use.. works out at about .09p per download…

The PRS was only for airplay royalties… BUT they have merged with MCPS.. who used to deal with mechanical licenses…

ALSO… I have just uploaded a track True Colours.. and I noticed… Amazon, Napster, Spotify… ALL asked for you to confirm you had the complete rights to the song… iTunes does not.. !?!? Interesting… So I have uploaded it to iTunes only…

Cheers

Jason
 
And something you need to think about if your covering an American song you may have to deal with the licensing over here.

If the song belongs to someone that is partnered with ASCAP, which there is a good chance they are, then you can go through them.

Website is: here


It's the standard over here, all bar owners, radio stations, pretty much anything that uses music goes through them.

Edit: Just found that they're partnered with a lot of foreign licensing companies. I'd just go through them if you can see if they have the song you want to cover.
 
Hi Capt…

That was another niggle I had… doing USA songs.. I Think I will buy a few hundred licenses off Limelight as it is linked with the account, and try to contact iTunes to seek advice there !?

Cheers
 
Just seen this post on another forum… same topic..

I may be wrong but I think that as long as you don't change the words you can record any song that you like.

I also think that it has to have been recorded once previously, by an elected performer, or else someone could steal your, or someone elses, hit song before you have a chance to get rich.

And again, I think because of the blanket agreements between the collection agencies and publishers you don't even have to pay, or even get permission for that matter, to record or release the song but you DO have to pay the mechanical license, which is automatically granted (at least it is over here in the UK) but still needs to be taken care of.

You shouldn't have any problem at all with a Bacharach song, that's for sure.

In fact, I was worried because one of my albums had a cover version on it and I got all stressed about paying for the mechanical licenses etc when I put it up on iTunes so I called the PRS/MCPS (UK collection society) and they said iTunes pays the mechanicals directly and that I didn't have to worry about dealing with anything. Not a single thing. No paperwork. No Nuthin'.

Cool, huh?

Have fun!

R.
 
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