Translation/Derivative Work Question

[JonPaulP]

I have a question. There's a modern Spanish song that I'm interested in making an English version of. For anyone's that dealt with derivative works, when I contact the publisher, would I have to pay any upfront fees or would they just tack on something to the royalty charges?

Also, I know that copyright law allows anyone to make a recording to any song released commercially...I'm guessing that this does not applying to a translation and the publisher is not bound to allow me to use this translated version?

Thanks!

 

[ez_willis]

will it be released on a cd that could potentially see a profit?

 

[JonPaulP]

will it be released on a cd that could potentially see a profit?

Yes, I'm planning on potentially releasing it on an album. I know I have to pay royalties, but I'm wondering if I'm going to have to pay another fee for permission to make a translation.

 

[gecko zzed]

Yes, I'm planning on potentially releasing it on an album. I know I have to pay royalties, but I'm wondering if I'm going to have to pay another fee for permission to make a translation.

My understanding is that you won't have to pay another fee to make a translation. You may need to obtain permission. However, don't take my word for it; I'm no expert.

 

[SEDstar]

Hmmm...

The music and the lyrics each have their separate copyright...

when you "do" a cover song on a CD, you will see on the liner notes, words copyrighted by JoeBlow, and the music if often a copyright held by someone else.

If you wanted to use the music (even your own version...) with new words, you would need to get a liscence to use the music...

if you wanted to use the words with totally new music, you would need to liscense (and credit...) the entity that owned the rights to the lyrics.



anyone is allowed to PLAY LIVE when playing out, even for profit... anyone's song... but to issue it on a CD (or other medium...) requires the holder(s) of the rights to the music and words to be paid what they want, and properly accredited.

thats why I suppose many bands do all original material on their CD;s mostly... then when playing out live, do the cover tunes they want to do.


for the music, its just the melody thats copyrighted. The note melody. You cant copyright the chord progression.



so... if the "music" is just soft strumming under the words, feel free to use it and write all new words. You cant use a NOTE MELODY without liscensing and accreditation.

 

[Chili]

The music and the lyrics each have their separate copyright...

when you "do" a cover song on a CD, you will see on the liner notes, words copyrighted by JoeBlow, and the music if often a copyright held by someone else..

No, I'm sorry, but that is wrong. Once a song is copyrighted, the words and music are married together. When you fill out the form PA, it is to copyright the song as a whole, not separated into lyrics and melody. But contributors of the song can be different, one lyricist, one composer, etc. If so, they share that one copyright of that song.

Even the album liners as you used for an example say " Words by...", Music by...", or "Words and Music by...". They don't say "Words copyrighted by...."

anyone is allowed to PLAY LIVE when playing out, even for profit... anyone's song... but to issue it on a CD (or other medium...) requires the holder(s) of the rights to the music and words to be paid what they want, and properly accredited.

That's partially correct. Anyone can cover a tune in a public performance if royalty is paid to the copyright holder. Usually the music venue will take care of this, but ultimately, it's up to the performer. Does it happen??? maybe sometimes.

To put a cover tune on your cd, you need a mechanical license and pay 9.5 cents per tune per unit sold to the copyright holder. You can negotiate a lower price directly with the songwriter if you want. (Or a higher price, I guess) You obtain the mechanical license through the Harry Fox agency.

 

[JonPaulP]

Thanks for all the replies! I'm currently waiting for my application to be approved by the publisher. I doesn't seem like there's an extra charge for it. We'll see how everything works out.