paying to cover?

jasonmasters · #1 02-15-2010, 10:36 AM

I wasn't quite sure how to search for an answer to this one so I figured it might actually warrant a new thread...

My band is writing material for a cd and we want to record some cover songs of Led Zeppelin, Death, and Django Reinhardt.

My question is, if we record these songs on an album, do we have to pay royalties to anyone? or do we just have to give credits to the original composers in the album sleeve?

Studiodawg · #2 02-15-2010, 10:36 AM

you pay royalties...go to www.songfile.com and see if the songs are listed there...

jasonmasters · #3 02-15-2010, 10:40 AM

none of the songs I want to cover are on there... but "when the levy breaks" seems like a ridiculously famous song to not be on there... any other links you can provide?

Woodchuck · #4 02-15-2010, 10:41 AM

Credit the songwriters.

dmusic148 · #5 02-15-2010, 10:42 AM

It's called a 'mechanical license.' Not a big deal but you MUST have it.
http://easysonglicensing.com/licensemusic.htm

Sahm · #6 02-15-2010, 10:45 AM

Here's a good article that covers using songfile/Harry Fox and expands on using songs previously licensed to be covered.

http://www.cleverjoe.com/articles/mu...right_law.html

shastaband · #7 02-15-2010, 10:49 AM

On our recent CD jazz project, we had one John Coltrane song and one Eddie Harris song. Our flute player got an account with the Harry Fox Agency and paid the mechanical royalties. At the self-produced CD level, we paid $35.00 per song. That gave us permission to produce and distribute up to 2500 copies of that song. We only pressed 500 CDs, so we could press another 2000 copies of our CD before we had to pay additional royalties. I also believe that the 2500 copies includes those sold, those given away as publicity, and those that are downloaded. You get a license to produce 2500 copies. How you distribute them is up to you.

scottbass · #8 02-15-2010, 10:51 AM

You pay royalties up front. Songfile is the online resource of the Harry Fox Agency, who collects on behalf of all artists. Currently, you have to pay 9.1 cents per song per CD (or vinyl record or cassette tape) IN ADVANCE - when the CD's are produced. If you don't sell them all, too bad. You also have to pay a per-song processing fee of $15 for each of the first five songs, $13 per song after that. The 9.1 cents per song increases if the songs are more than 5 minutes long.

So if you're gonna produce 500 copies of a CD with three cover songs (which are each less than 5 minutes long) and the rest your originals, you have to pay licensing fees of 3 x 9.1 cents x 500 = $136.50 plus processing fees of 3 x $15 = $45, for a grand total of $181.50.

projectMalamute · #9 02-15-2010, 10:53 AM

Like a whole lot of songs Led Zeppelin took credit for 'When the Levee Breaks' is actually an old blues song. Given their track record I'd do my best to not pay them a dime.

Woodchuck · #10 02-15-2010, 10:55 AM

My first band did a Willie Nelson cover on our cd, and we paid nothing up front. We just listed him as the songwriter, and kept it moving. I understand that each situation is different, just telling you what we did.

jasonmasters · #11 02-15-2010, 10:58 AM

cool, thanks for the links. looks like i've got some reading to do

mccartneyman · #12 02-15-2010, 11:15 AM

Although many bands might take the "small potatoes" approach to recording a copyrighted song -- we're so small no one will catch us -- the legal and ethical thing to do is pay the royalties. Mechanical rights covers the recording, but ther also are performance rights that should be paid if you do the song live.

scottbass · #13 02-15-2010, 12:14 PM

Quote:

Originally Posted by mccartneyman

Although many bands might take the "small potatoes" approach to recording a copyrighted song -- we're so small no one will catch us -- the legal and ethical thing to do is pay the royalties. Mechanical rights covers the recording, but ther also are performance rights that should be paid if you do the song live.

I don't know where you're from, mccartneyman. Here in the USA the fees for performance rights are paid by the bar owner, club owner, show promoter, radio station owner, whoever actually furnishes the music to the listener. Now, if a band self-promotes a concert, then they are responsible for paying the performance license fee. And, unfortunately, there are many venue owners/managers who "neglect" to pay their BMI/ASCAP fees.

mccartneyman · #14 02-15-2010, 12:49 PM

Quote:

Originally Posted by scottbass

I don't know where you're from, mccartneyman. Here in the USA the fees for performance rights are paid by the bar owner, club owner, show promoter, radio station owner, whoever actually furnishes the music to the listener. Now, if a band self-promotes a concert, then they are responsible for paying the performance license fee. And, unfortunately, there are many venue owners/managers who "neglect" to pay their BMI/ASCAP fees.

Yep -- I'm in the USA, and the "self-promotion" aspect applies not only to rock bands, but any music all group, such as brass bands and amateur orchestras. I'd guess that lots of churches and other venues don't pay the fees.