Putting a cover on an EP?

[ItsAFugazzi]

Ok I'll shove it on the website for people who buy the CD.

Sawted! Cheers guys.

 

[smy1]

It's really not that hard to figure out:

1) find out if the band has a publishing company

2) if not, contact the band/their management directly and get permission

3) if yes, contact the publishing company and get permission

Done.

P.S.: I find it rather hypocritical that everyone is whining about the music industry being so bad when bands even start skipping asking permissions for cover versions ...

 

[Jevil]

Wait, wait, wait... The label the original song was released on has NOTHING to do with this. The label owns the rights to the original recordings but not the songs as a composition. Those rights remain by the creator(s), which are the compositors and the lyricists.

Some labels make you sign that they own a percentage of the creation. I saw it.

 

[slashvanyoung]

Some labels make you sign that they own a percentage of the creation. I saw it.

I don't know exactly what it's like in other countries, but over here the originator's copyright is not alienable. That means you cannot sell or buy these rights. They are only transferred to the successors as part of their inheritance.

Exploitation rights (to sell, perform, multiply etc.) however can be fully or partially alienated.

 

[Sweetnothing]

I hope soon I can open a new thread about copyrights, digital taxes and all that crap and how does it work in Spain. It is a fucking shame.

All I can say is FUCK SGAE
Those armani suit burglars give the money we all pay off blank cd's and dvd's to high sellers, not all, but a select bunch as Alejandro Sanz and Miguel Bose.

Sorry for the OT

 

[DanLights]

seriously, you have to pay taxes for blank cd's and pendrives? now that's kinda silly, I will happily download music from the internet then If I am paying those taxes.

 

[slashvanyoung]

seriously, you have to pay taxes for blank cd's and pendrives? now that's kinda silly, I will happily download music from the internet then If I am paying those taxes.

It's not technically a tax, but yes in many countries there will be a percentage for every unit (CD/DVD-burners, blank media etc.) that goes to the collecting societies.

So yes, your paying for something that you're not even allowed to do...

BUT, this is also meant to counteract the losses generated from legal copying of copyrighted material.

For example: You go out and buy a CD, then your burn this CD for your brother or a close friend. This is NOT illegal but will generate a loss.

 

[grywolf627]

I thought (but really have no idea) that you would have to contact ASCAP, BMI, or whatever group is administering the rights to the song in question. ??

 

[Sweetnothing]

BUT, this is also meant to counteract the losses generated from legal copying of copyrighted material.

For example: You go out and buy a CD, then your burn this CD for your brother or a close friend. This is NOT illegal but will generate a loss.

What about security copies of your work? test mixes? photographers, audio engineers...
You also pay the tax when buying a new cellphone, printer, pendrive, hard drive, dvd player...
It's like paying more when buying a car, you could kill someone someday.

Any cafeteria, hairdresser is being pushed to pay more because they have fm radio there. Not talking about licenses like the ones pubs or clubs pay, I'm talking about having a radio.

They're even seeking any community just in case they put on a theater ( shakespeare for example) to make them pay. Same thing if they play whatever regional music. Even playing the national hymn is purchased by them.

 

[slashvanyoung]

I thought (but really have no idea) that you would have to contact ASCAP, BMI, or whatever group is administering the rights to the song in question. ??

Yes, as I said in an earlier post. But if you make changes to the composition or the lyrics, you will need to get the permission of the originators.

What about security copies of your work? test mixes? photographers, audio engineers...
You also pay the tax when buying a new cellphone, printer, pendrive, hard drive, dvd player...
It's like paying more when buying a car, you could kill someone someday.

Any cafeteria, hairdresser is being pushed to pay more because they have fm radio there. Not talking about licenses like the ones pubs or clubs pay, I'm talking about having a radio.

They're even seeking any community just in case they put on a theater ( shakespeare for example) to make them pay. Same thing if they play whatever regional music. Even playing the national hymn is purchased by them.

Don't get me wrong, I'm definitely NOT defending this system as it has many, many flaws. I was just trying to put it somewhat into context.

 

[Sweetnothing]

Don't get me wrong, I'm definitely NOT defending this system as it has many, many flaws. I was just trying to put it somewhat into context.

Of course, I didn't thought you liked that system...I know it looks quite the opposite, but I was trying to put things into context too...but ended up ranting

 

[Jevil]

Some of my bands albums are online, probably we are now over 200.000 downloads, so i guess that many people bought CD-R's to burn my music. Let's suppose due to my music 1.000 cd-r have been sold (I imagine there are many many more).
-I asked the SGAE about how do they deliver the taxes received. they told me the criteria was by albums sold... so all the money earned with those cd-r will go for the topsellers, so big music stars will allso earn money thanks to online bands, photographers, private copies, and so on...

- In my wedding I had to pay to the restaurant 150 € for the music played, cause SGAE will charge the restaurant for that music.
I said, ok, but I want to fill a sheet in which I write down a list of the songs played. That sheet, unlike live shows, doesn' exist, so they get the money but they don't care which bands do you play. Imagine all the music is yours... you won't get a buck for it... do you know how they deliver? By statistics, again the big artist win!

I am forced to be a member of SGAE because this way at least I get the money. If I were not a member all the money they collect from my music would be in their dirty hands.

BTW, the owe me money.

FUCK THEM ALL!

But vengeance is so sweeeet...

 

[Jind]

From CDBaby FAQ about music distribution (sorry for the length but worth the read in respect to cover songs in the USA).

[±] How can I sell an album that has cover songs?
You have two options. Handle it yourself, or have an agency like Rightsflow or Harry Fox help you acquire the proper mechanical licenses.

Please note that the below is not official legal advice, it is ONLY for the U.S.A., we are not your lawyers, and you should always contact your attorney before entering into any contract such as a license.

If you have recorded a cover version of someone else's song, and you plan to make that recording available over the Internet, the following information applies to you.

You must follow these steps BEFORE you make your recording available for distribution to the public!

If you record a cover version of a song, (meaning your performance of a song that has been released in the U.S. with consent of the copyright owner), you are entitled by law to release your recording commercially, and the owner of the copyright to the song cannot prevent you from doing so.

The Copyright Act provides for what is called a “Compulsory License” for downloads and CD sales, which means that if you follow the steps set forth by statute, you can distribute your recording of that song on a CD or over the internet. This Compulsory License is only available for sales in the United States. Other uses of masters, such as streaming, conditional downloads, and the like, are not subject to a Compulsory License. A separate license from the publisher is needed in those cases.

The following details the procedure for individuals to obtain a compulsory license to digitally distribute cover songs over the Internet to end users in the United States:

Identify the Copyright Owner - the publisher
The first step is to identify the owner(s) of the copyright to the song. The publisher. The easiest way to do this is to search the song writer/publisher databases, here:

* BMI
* ASCAP
* SESAC
* U.S. Copyright Office


Keep in mind that the owner of these rights is typically a publisher, and that the owner of the rights in the song is not the same as the owner of the rights to any particular recording of the song. In other words, Record Labels are almost never the owners of the copyright to the musical composition - they typically own only sound recordings. You should be looking for the name of a publisher (or in some cases an individual).

Be careful to identify the exact song you want, as there are many songs with the same names. If you cannot find the owner through these websites, search the records of the Copyright Office online.

If you cannot find the copyright holder(s) after a thorough search, you can send the letter to the Copyright Office, along with a small filing fee, currently $12.00. See the Copyright Office website for the proper address and current filing fees if you are going to be sending the letter of intent to them.

Instructions on how to do that are on “Circular 73” from the U.S. Copyright Office, in a PDF file, here. WE STRONGLY RECOMMEND DOWNLOADING AND READING THIS FILE, because it carries the essence of this entire article.

Send a Letter of Intent - EXACTLY like this:
You must send one letter for each song for which you seek a compulsory license 30 days before you begin distribution of your downloads. The letter must be sent by registered or certified mail and contain the following:

1. a clear subject line/title that says “Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords”
2. your full legal name
3. all fictitious/assumed names (stage name, band name) used
4. the names of each individual owning a 25% interest or more in the distribution of the song (band members, if you split your sales income)
5. your fiscal year (usually January 1st - December 31st)
6. your full physical address - P.O. boxes are unacceptable, unless that is the only option for addresses in your geographic region
7. the title of the song
8. name(s) of the author(s) of that song
9. the type of configuration expecting to be made (a music file distributed over the Internet is called a “Digital Phonorecord Delivery” (DPD))
10. the expected first date of distribution
11. the name of the performer/band doing the cover
12. your signature.


If there is more than one publisher listed, sending a letter to one of them is sufficient for the compulsory mechanical license; however, if one or more of the copyright holders is not from the United States, it is best to send the notice to all copyright holders.

Send Royalty Statements and Pay Royalties
Once you begin distributing the song over the Internet, you must send monthly statements of royalties on or before the 20th of each month, and pay the royalties.

The monthly statement must be sent by registered or certified mail and include:

1. a clear title that says “Monthly Statement of Account Under Compulsory License for Making and Distributing Phonorecords”
2. the period (month and year) covered by the statement
3. your full legal name
4. all fictitious/assumed names (stage name, band name) used
5. the names of each individual owning a 25% interest or more in the distribution of the song (band members, if you split your sales income)
6. your full physical address - P.O. boxes are unacceptable, unless that is the only option for addresses in your geographic region
7. the title of the song
8. name(s) of the author(s) of that song
9. the name of the performer/band doing the cover
10. the playing time (length) of your recording of the song (minutes:seconds)
11. the number of DPDs made, i.e. how many times your recording was downloaded
12. the number of DPDs that were never delivered due to a failed transmission
13. the number of DPDs that were retransmitted in order to complete/replace an incomplete/failed delivery
14. the total royalty payable (number of total DPDs, not counting ones never delivered multiplied by the statutory royalty rate (see below))
15. the following statement: “I certify that I have examined this Monthly Statement of Account and that all statements of fact contained herein are true, complete, and correct to the best of my knowledge, information, and belief, and are made in good faith”
16. your signature


You must also send an Annual Statement of Account at the end of each calendar year, which is virtually identical in content to the Monthly Statements, but must be certified by a licensed Certified Public Accountant (CPA).

Statutory Royalty Rates
The current (2006) statutory rate for royalties is 9.1¢ for every copy sold if the playing time for the song is under five minutes.

If the playing time for the song is longer than five minutes, the rate is 1.75¢ per minute, rounding up to the next minute.

* under 5 minutes = 9.1¢ per copy
* 5 to 5:59 minutes = 10.5¢ per copy (6 minutes x 1.75¢)
* 6 to 6:59 minutes = 12.25¢ per copy (7 minutes x 1.75¢)
* 7 to 7:59 minutes = 14¢ per copy (8 minutes x 1.75¢)
* etc.


The Copyright Office always keeps the most up-to-date information concerning statutory royalty rates here.

IMPORTANT Notes:
The publisher may tell you that they don't deal with compulsories, and that you should contact the Harry Fox Agency. Though the Harry Fox Agency can handle mechanical licenses for DPDs for most publishers, you still have right to obtain a compulsory license by following the directions, above.

Remember the law is on your side. You are entitled to a compulsory license by law. You have permission - (a compulsory license) - as soon as you send the notice, described above, to the proper publisher.

As long as your notice complies with Copyright Section 115, (described above), the publisher need do nothing other than receive the royalty payments. You don't even need to wait for their reply.

Other Notes:
You may be able to negotiate a better deal for yourself, either with lower royalty rates or less frequent statements of account. If terms are negotiated which deviate from the standard Section 115 then a mechanical license will be issued by the publisher or HFA.

If you wish to distribute physical copies (e.g., CDs) of a cover song, you must obtain a similar compulsory license, available for most popular songs through the Harry Fox Agency at harryfox.com. If you plan on distributing between 500 and 2500 physical copies, you can obtain a compulsory license through the Harry Fox Agency online at songfile.com.

For more information on compulsory licenses for all forms of distribution, please refer to the Copyright Office's web site, at copyright.gov, and contact your attorney.

Helpful publications available through the Copyright Office include Circular 73 (Compulsory License for Making and Distributing Phonographs), Circular 75 (The Licensing Division of the Copyright Office), and M-200 (Checklists under Section 115 of Title 17).

If you have been distributing a cover song without a compulsory license or an agreement with the copyright owner, you are ineligible to obtain a compulsory license for that recording (!), and you may be subject to civil and/or criminal penalties for copyright infringement.

Be careful to follow the steps exactly as described above, in order to be legal.

Download and print/save these files:

* How to Investigate the Copyright Status of a Work
* Compulsory License For Making and Distributing Phonorecords
* Notice of intention to obtain a compulsory license
* Royalties and statements of account under compulsory license
* Checklists of Required Information
* Mechanical Copyright Royalty Rates


These and more available at the U.S. Copyright Office website: copyright.gov.

Experts that can help you:
Since this part of music is business and law, (not art), nobody listed below can help you for free, but all have offered their expert services at musician-friendly rates to help you with this topic.

* C. Christopher Clark, Esq.
Shumaker, Loop & Kendrick, LLP
128 S. Tryon Street, Suite 1800
Charlotte, North Carolina 28202
(704) 945-2152
cclark@slk-law.com

* Richard D. Rose - Attorney
9 Music Square South, 3700
Nashville, TN 37203
615-330-7673
richard@copyrightcafe.com

* Joyce Dollinger
Dollinger, Gonski & Grossman
One Old Country Road, Suite 102
P.O. Box 9010
Carle Place, New York 11514-9010
(516)747-1010
jsydnee@aol.com