Copyright Law in covering a song

Discussion in 'Recordings [BG]' started by orskard, Jan 8, 2005.


  1. Craig Garfinkel

    Craig Garfinkel

    Aug 25, 2000
    Hartford, CT
    Endorsing Artist: Sadowsky Guitars
    Don't bother with the license.
     
  2. If you're manufacturing CDs, the manufacturer shouldn't even make your disk without you proving you have a license for any covers on it.

    If you're just recording onto blank media yourself, it's less of a big deal and you probably don't *need* a license, but it's still probably the right thing to do.
     
  3. jr47foam

    jr47foam

    Dec 15, 2003
    Hatboro, PA
    I recently read the thread on mechanical licenses and found it interesting because my band is putting out a CD with about 8 covers on it. I did the math and it's going to cost us a bit but the others in the group want to go ahead so we'll spend the bucks.
    Now here's a new question. One of the writers gave us permission to record his song for free as long as we give him credit. Will our emails back and forth suffice legally or does he have to send something official? He is a foreign writer and is his song is licensed in Sweden. He indicated that he checked with them and that is agreeable.
    I'm also having a hard time finding the licensing for the Wind Cries Mary(Hendrix) and Brown Sugar(Jagger/Richards). Anyone ever record either of those two songs and get the licensing? Thanks. I love this forum.
     
  4. Sprudellio

    Sprudellio

    Oct 16, 2002
    Germany
    If you've ever downloaded a mp3 file, you're going to hell anyways, so forget about the license.
     
  5. Tash

    Tash

    Feb 13, 2005
    Bel Air Maryland
    Its your call. You've been told what the legal way to do it is. If nothing ever comes from the CDs you probably will get away clean.

    Or you might get caught and sued to "make an example" so to speak. Remember these copyrights aren't held by the artists, they're held by record companys who have large staffs of employees who litterally do nothing else but find and sue people who are infinging their copyrighted material.

    Let me postualte a "worst case" situation: You make the CD without license, you send out a hundred odd copies to your friends. People like it. People make copies, put it on Soulseek etc. You get noticed by an A&R rep who decides it might be cool to sign your act, but then you get slapped with a law suit because you didn't license the covers. Unfortunately its now too late, you can't go back and get a license to cover that CD.

    You loose a large judgement against you and the label pulls their offer because they don't want to be tied financially to your band.

    Sucks to be you then doesn't it? :)
     
  6. jr47foam

    jr47foam

    Dec 15, 2003
    Hatboro, PA
    So it sounds like what you're saying is that even though the writer has given me permission his licensing agent may not approve?
    We don't know from labels. The writer's band and my band are doing this on our own. We've already researched about 8 cover tunes that we will be paying for. As long as we show this writer's name and copyright symbol, I would think I'm okay.
    Thanks for your reply.
     
  7. Tash

    Tash

    Feb 13, 2005
    Bel Air Maryland
    If the writer actually holds the copyright your fine. If they signed away the copyright to a 3rd party (as is usually the case when signing to a record labe) then you aren't fine. They no longer hole the copyright, the label does regardless of who wrote the material. Therefore the writer cannot grant permission to use the song because it is no longer "theirs" in a legal sense.
     
  8. NJL

    NJL

    Apr 12, 2002
    San Antonio
    nice thread, bump

    :)
     
  9. Primary

    Primary TB Assistant

    Here are some related products that TB members are talking about. Clicking on a product will take you to TB’s partner, Primary, where you can find links to TB discussions about these products.

     
    Jul 30, 2021

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