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Covers on a CD

topper

topper

May 22, 2005
1,404
776
Charlottesville, VA
cakefightband.com
#1
My band is getting ready to record our next CD and we have a cover we want to put on the disk. We do a very unique version of this song and want to record it.

We want to do the right (and legal) thing and pay for the rights to record this song. Does anyone know where I should start in this process? How do I find out who to pay and how much it is going to cost?

Please don't hijack this thread to talk about either the merits of putting a cover on a CD or to talk about whether or not I should have to pay to do this. We want to record the cover and I believe strongly in paying artists for their hard work. I'm just looking for help in doing the right thing here.

Thanks!!
 
#3
i talked to the guy who recorded my band's stuff about the very same thing while we were recording, for pretty much the same reason.

he told me that the chances of anyone ever, ever noticing are slim to none. and if someone does happen to notice, it would cost far more to pursue that it would be worth it. but it's cheaper than you might think. check out this link:

http://www.cleverjoe.com/articles/music_copyright_law.html

and especially:

[This invalid link has been removed]
 
#5
topper said:
Harry Fox was very helpful. One of the songs we'd like to do is not covered by Harry Fox though. It is listed as being licensed by Paul Simon Music and the Harry Fox site says to contact them. But I can't find this company online. Any ideas?
Click to expand...

Both ASCAP and BMI have pretty easy search engines for song titles that will help you find the publisher.

If you can't find the contact info and can prove that an attempt was made to pay the appropriate people, then you are in the clear. It is the responsibility of the songwriter and publisher (sometimes the same person) to make themselves available and to be reached for such purposes. If you release the CD and these people come out of the depths of the earth to try and claim these royalties, then you will have an argument that several attempts were made to reach them (as long as you keep a paper trail!).
 
#6
mdiddium said:
If you can't find the contact info and can prove that an attempt was made to pay the appropriate people, then you are in the clear.
Click to expand...

That's the opposite of everything else I've ever heard about copyright. Silence is not to be construed as consent.

The good news is I've been able to contact the publisher and have begun the process for this particular song.

For other songs, Harry Fox looks like a great resource for most music. It's super easy and surprisingly cheap.

This just confirms for me that there is no excuse for not paying royalties on songs like this. Doing the right thing isn't nearly as hard as I thought it would be! We'll only pay about $100 for licensing for our indie CD.
 
#7
I know you're in the US, but just for reference, in the UK you need mcps:
Invalid Link Removed

There's a pop-up on the right for "amateur recording" which leads to the limited licensing page.
 
#9
topper said:
That's the opposite of everything else I've ever heard about copyright. Silence is not to be construed as consent.

The good news is I've been able to contact the publisher and have begun the process for this particular song.

For other songs, Harry Fox looks like a great resource for most music. It's super easy and surprisingly cheap.

This just confirms for me that there is no excuse for not paying royalties on songs like this. Doing the right thing isn't nearly as hard as I thought it would be! We'll only pay about $100 for licensing for our indie CD.
Click to expand...

I should clarify: Don't get me wrong, I'm very much pro-pay your publishing/songwriting royalties (I've worked in music publishing for a while). I also should have asked about the nature of the tunes you wish to cover. A lot of times if the songwriter has moved away/retired/died and his estate is handling the licensing, then it can get VERY difficult to actually do the right thing and pay the fees. It happens all the time even between songwriter and publisher. If the writer has moved and doesn't notify the publisher, then it's really difficult to track them down to pay them!

So, I was saying that if you have tried every logical method of finding the appropriate people to no avail, then you should be fine to proceed with your project.

I also should have mentioned that even if you do get in touch with the right people, the fees are really reasonable (it's all based off of how many copies you plan to make/sell).

Anyway, sounds like you are on the right track and thanks for taking the right steps. The publisher in me is very grateful since tons of cover bands don't even think about doing this.
 
#10
You might be interested to know that, if you decide to send your CD to a replicating outfit for manufacturing, the first hurdle you'll jump over is to demonstrate that you have permission (i.e., have paid the royalty) for any songs owned by third parties.

If you're gigging regularly, this is the way to go: CDs burned on your computer will self-destruct someday, and sometimes sooner than later, depending on the stability of the particular CDR. Manufactured CDs last forever, unless they are abused. Most companies in the business offer pro graphics services, too.

I don't worry about that because I'm a graphic artist, but if you don't have the ability it's a good way to get a professional appearing product to sell at gigs.

I have seen 'way too many amateur-produced home brewed CDs and they all look it...maybe that bothers others less than it does me.
 
#11
Topper:

Harry Fox is definitely the preferred route, but there is something available in U.S. copyright law known as a “compulsory license” that will allow you to record and exploit a cover recording provided you follow the statutory instructions and restrictions. See the link below for the statutory provisions.

http://www.law.cornell.edu/uscode/17/115.html#b

Also, absent some exception in U.S. copyright law (e.g., fair use, a compulsory license, etc.), an infringement is an infringement. Good faith efforts may mitigate an infringement claim, but they don’t excuse it. That is, there is a difference between the legal reality and the practical reality. The fact that the consequences of an infringement may be negligible or non-existent (i.e., the practical reality) is not the same as saying there is no infringement (the legal reality).

Best,
MA
 
#12
Music Attorney said:
Topper:

Harry Fox is definitely the preferred route, but there is something available in U.S. copyright law known as a “compulsory license” that will allow you to record and exploit a cover recording provided you follow the statutory instructions and restrictions. See the link below for the statutory provisions.

http://www.law.cornell.edu/uscode/17/115.html#b
Click to expand...

Thanks! Do you know if there is a Harry Fox equivalent for Australia? One of the songs we're considering is by an Aussie band and I'm guessing will be copyrighted there.
 
#13
topper said:
Thanks! Do you know if there is a Harry Fox equivalent for Australia? One of the songs we're considering is by an Aussie band and I'm guessing will be copyrighted there.
Click to expand...

Yes there is. The equivalent organization is AMCOS. The web site is Invalid Link Removed. HFA also has a reciprocal arrangement with AMCOS so they might be able to provide guidance as well.

If the Aussie song has a US subpublisher, you can go through them too.

Best,
MA
 

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