I need recording rights to some covers

[Jon R]

I play in a couple of bands and thought that the one that performs often would put out a cd (they've done two already) while I was part of the group. It appears that that isn't going to happen... so as part of the other band (we only perform once a year) I want to put out a cd. Most of the songs are covers so I need to get permission/license to record them. Where do I start?

[skwee]

Here are some references for getting permission to do pop arrangements.

Go to Welcome to ASCAP. The worldwide leader in performance royalties, service and advocacy for songwriters, composers and music publishers., then go to ACE Title Search. Click on Search the Database.
Search for the songwriter in question, or the title of the song, and see if ASACP represents that artist. If so, they should list publisher contact info.
Contact that publisher by phone if possible, and tell them you are seeking permission to do an arrangement of the song, and that you also want to secure the right to perform it live in concert. They'll probably send you to a website, or tell you to fax in your request in writing, which you should then do.

If ASCAP does not list the song you are looking for, go to www.bmi.com and type in what you're looking for in the search box near the top. That will take you to a more detailed search page, where again you can search by title, songwriter, etc. Hopefully ASCAP of BMI will have the info you need.

Some people write back, some don't. That's why it might be easier to call.



"To whom it may concern,

I'm trying to secure permissions to arrange and perform XXXXXXX's "XXXXX" with a group based in XXXXXXXX. Can you advise me as to the correct way to proceed?

Thank you for your time,


XXXXXX

[Jon R]

Thanks so much for the information...

[Ubersheist]

Jon - did you write the songs? If you did, then you're basically in the clear, and you can do whatever you want with those songs. As soon as it's written down or recorded somewhere, it's legally copyrighted to whomever wrote the song. You can't release or mess with previous recordings made by the old band, if any, but the songs are copyrighted (by law) to you even if you never had them registered anywhere.

If you cowrote the songs or didn't write them at all, then the advice given by skwee is your best bet. I'd suggest offering 10% of the profits (not sales) of that song, or something like that. Be humble and ask for their advice, like he mentioned.

If they still say "no," then the Copyright Act of 1976 allows you to record and sell the songs without permission, but there are huge provisions. First, you have to give a percentage back of the sales to the copyright owner. I believe it's 10% or $.10 per song, but I can't remember. I'm guessing it's changed alot in the last year or two since online sales have surpassed physical CD sales. At $.10 per song, that's most, if not all the profits that you'd make through iTunes sales and other online sources. Also, if your version of a song gets to be a big hit and you don't make a deal with the copyright holder before hand, 100% of any money that is made off of the music from radio play, streaming internet sites, youtube plays (they have to pay ASCAP or BMI every time you listen to songs off them, too) or from selling the masters (such as in a movie soundtrack) will go directly into the pockets of the copyright holder, and not yours.

Lastly, if you don't get permission, you open yourself to a slew of potential lawsuits. They can sue you if you use their song in a manner that the copyright owner wouldn't agree with, if you've in anyway claimed the music as your own, if you've potentially hurt the value of the song or the sales of the song, or other things.

So, that means that if you decide to give the song away to NAMBLA for their use, and they give away a ton of songs somehow, so that now your version of Pink Floyd's "Shine on You Crazy Diamond" has a whole different context, you will surely get sued.

In a practical sense, though, it's really no big deal. The copyright act has provisions that'll help you, too, so long as you don't do anything stupid with it, like making a note-for-note duplication of the song. 99.999% of the time, the other copyright owner is happy to have you record and sell the song. If you never make money off of it, they usually look at it as free exposure and promotion for their piece of work. If it actually makes money or pushes your career along, then they'll probably expect a bit of compensation, and everyone is happy. Musicians and songwriters (or the copyright holder) tend to be very down to earth people and have a love of music first, and a love of the corporate side of music a very, very distant second.

So, I'd say, go ahead and record the songs, but do the right thing (and cover your butt a bit) and send them a letter before you start selling it.

[Dirk Diggler]

The Harry Fox Agency
If you really want to license them, this is the way to go.

Dirk

[And I]

no substitute for checking with Harry Fox / ASCAP / BMI / SESAC. But a quick way to do a "barometer check" on how savvy the copyright-holder is to try to upload your version of this song to Soundcloud.com. If it doesn't let you upload it because it "detects" the song you are covering and the rights holder has forbidden it, you might find yourself in court...

[Coop Soup]

Originally Posted by Dirk Diggler

The Harry Fox Agency
If you really want to license them, this is the way to go.

Dirk

^^^ This.

My band recorded an album before I joined and just filled out the applicable forms to license the one cover on the album. It was fairly inexpensive and really quick. I think it was about .09/unit and there was a $15 transaction fee.

[bigfatbass]

The Harry Fox Agency
If you really want to license them, this is the way to go.

Dirk

The Harry Fox Agency

I would not recommend doing it through ASCAP/BMI. I don't trust them. At All. I have recorded/printed/sold thousands of discs. By far, HFA is the easiest/safest/cheapest way to license cover material for retail sale on a CD, and they won't hound you incessantly with spam after the fact, like ASCAP/BMI will. $.09 to $.15 per song has been our experience, but there are exceptions in both directions. You never know what it will cost for the rights until you inquire, but it is free/fast/easy to find out.

A quick caveat, be aware there are different rates that will kick in if a song is over 6 minutes, and you can really get nailed. Our live version of Crazy Mama was EXPENSIVE, clocking in at over 9 minutes. My band just put out what is basically a Taj Mahal tribute record, with 4 of the 8 songs written by Taj, and 2 of the others reflecting his arrangements of those songs as well. For 1000 units our total licensing cost was $649. Still less than a buck per disc, and well worth it for something you are selling for $15 per hard copy, and $10 per download.

And a quick pet peeve. Have to love an essay post that starts with a sentence clearly indicating they didn't even read the OP.

[Pacman]

Originally Posted by Dirk Diggler

The Harry Fox Agency
If you really want to license them, this is the way to go.

Dirk

This is the only way to go.