cover song permision?

[LacunaEnd]

Im planning on doing a cover of a u2 song ("acrobat")- and I was wondering if any of you wonderful people knew wich hoops one has to jump through in order to be legally alowed to post it on ones site?
(as in - not for sale)
Do I try and go through the record company? if so where? most record company websites dont usually have a caption that says "and email/call this person if you wish to post a cover of one of our bands songs on your website for strictly non-profit purposes"...at least not that Ive seen - maybe http://www.audioforums.com/forums/smile.gif
anyway - can anyone help me out here?

[jecahn]

The HFA works with almost 100% of music publishers in the United States. Go to http://www.harryfox.com or http://www.songfile.com to get details on properly licensing songs. I think for your purposes, they'll give you an immediate, online license. However, each case is unique based on its intended use. Good luck.

[LacunaEnd]

Why thank you for your reply sir/maam. http://www.audioforums.com/forums/smile.gif
--@

[Robert D]

Don't sue me if I'm wrong, but I doubt that you have to worry about it if you're not selling it. Bands perform covers of songs all the time without permission, and get paid for it. I doubt Harry Fox is going to send his lawyers after you for this.
RD

[jecahn]

I tend to agree with Robert. But, I say, sue him anyway!! http://www.audioforums.com/forums/wink.gif

[Robert D]

*LOL* Great, I'll pick up some penny rolls so I can assemble my fortune. http://www.audioforums.com/forums/smile.gif

[LacunaEnd]

yeah I know - I just think since A - Im not performing it, Im recording it - and B - Im not making anybody any money...::shrugs:: little guy - easy target.
geeze I dont know!!! peeer preasure - breaking the law is bad! lol
gawd! http://www.audioforums.com/forums/smile.gif
--@

[9MileSkid]

Originally posted by Robert D:
Bands perform covers of songs all the time without permission, and get paid for it.

I was told that in a live situation, securing the rights to do covers is the venue's responsibility—that they simply pay regular fees to someone (the HFA, I guess) for permission to have bands perform covers there. Is that totally off base?

-m

[jecahn]

Typically, they pay a fee to ASCAP. But, yes, usually the venue is responsible for paying for this. And the flip side is that a band playing cover songs "shouldn't" play in a non-ASCAP joint.

[juppu]

Robert, I sue you! http://www.audioforums.com/forums/wink.gif

You cannot do it without permission from the author (in this case, contact the publisher).

It would otherwise violate the moral rights of the author (i.e. you wouldn't necessarily want a triangle & recorder version of your masterpiece floating around. Maybe you would, but U2 wouldn't.).

When a band/artist signs a record deal, they basically give away the rights to copy, distribute and broadcast their material, but not the right to make new versions (moral rights). It's common to let the publisher to take care of cover version business, but they do still hold the rights to their songs on that level (BTW, the publisher can only have 50% max).

I hope this answered your question, probably a couple of other questions as well.

Juppu

[LacunaEnd]

you say that as if you have something against recorders!?
http://www.audioforums.com/forums/biggrin.gif
--@

[jecahn]

A triangle and recorder version of some of my "magnum opi" might be a GOOD thing!!

[juppu]

I'm actually working on a recorder & triangle song of all my current client's songs - I'll release them if the cheque 'gets lost in the mail' http://www.audioforums.com/forums/biggrin.gif

I'm not that mean, though...

talking of the subject, I happen to know a geezer who plays the recorder as his main instrument, hooks it to guitar FX pedals and so forth. I wanted to do some work with him, but it never happened - the project had a working title: Smurfs on acid. fantastic...

http://www.audioforums.com/forums/wink.gif

Juppu

Now some sleep.

[BagHun]

I truly doubt the publisher or its agent (perhaps Harry Fox) would give you license or permission to post your own version of the song for free download.

For more than one reason it is not comparable to playing the song live in some venue.

A license to sell your version on a CD is a just about a sure thing, however. Right now the statutory rate is 8 cents per record.

[john_rowland]

I am working on an EP which by all accounts will be "small potatoes" in terms of sales. I am willing and prepared to pay the standard rate for mechanical license royalties. My question is this, if a mechanical license is sort of "all but assured" is it necessary to wait on the receipt of license/permission to move ahead with production or is it essential to wait until I actually have the license in hand? BTW, the two songs I am covering are pretty obsure themselves, not high profile stuff and one has only appeared on one recording back in the seventies.

JOhn Rowland

[Michael Quayle]

This link should provide you with the answer you are looking for:
http://www.inyoureye.com/html/jbutler2.html


HTH

[john_rowland]

Thanks Michael.

[BagHun]

The answer is good but the rates are old.

Bound to happen on the internet.

[xtern]

just out of curiousity and a lil OT: how would one go about 'remixing' a song? This involves getting the drums, vocal ect in individual trax to play with. I assume that would be through the label, but what are the legal ramifications of that??

[narcoman2]

No legal ramifications at all if the label provides you and signs of the multitracks and any release you do you pay the publisher the goin rate (in the UK MPCS is 8.5% of PPD).

Further to seeking permission from authors - To do a cover version of a published song usually entails paying the MCPS license only. Morally you should seek permission from the author. However, its the song publisher who owns the rights reproduce/perform the song even though the publisher gets less of the royalty split than the author. You don't have to legally seek permission to cover a song but you MUST pay the royalty (MCPS license in the UK) on a commercially released product. You CANNOT make a video or film sync featuring this song without the express permission of the publisher and neither can you print the lyrics without the permission. You also cannot use a song for other promotional purposes other than simple audio only release without permission (ie D-Ream and their publisher allowed Tony Blair to use it as his Labour party them song in 1997 as well as clearing the specific recording). But you CAN record a cover version as long as you pay and credit. If its for no gain then you should be alright but in legal terms you should pay the license for the number of copies downloads - a nightmare i know !

cheers