Just curious...

first of all, when you cover a song (any song) but do not sell it, do you have to get permission and/or pay money to the songwriter(s)?

assuming the answer to those questions is no (which i think is true) im assuming one could also do a cover of an unreleased song as well thereby "releasing" it before the artist does?

anybody know the legal issues around this as opposed to conjecture?

thanks!

I've always wondered about that as well. If I released a version of Witness 4 The Prosecution (one of my favorite Prince songs), there would obviously be copyright issues, but, shoot, how cool would it be to have an unreleased Prince song on your album? You'd sell half a million copies on that fact alone, wouldn't you?

I think, performing a cover LIVE is against the law just like jay-walking is against the law. So many people do it that it is pretty close to impossible to prosecute. (Also, legally, the BAR has to pay licensing fees to cover all the bands that they hire, and the songs played by those bands).

As far as recording the song and releasing it - there's a very high likelihood that, while the song wasn't released, the artist HAS registered the copyright on that song, so you will need to obtain permission from the artist. Which is actually NOT the way you think it works.

To do a cover of a song on a record, you have to go through the Harry Fox agency.

"ANY COVER ON THE PLANET?" yes. If you're in America, at least, yes. Insane? It must be for Harry Fox. But it sure makes the world a lot easier for anyone trying to get a cover song on a recording. 5 years ago, when I looked into it, you are responsible to pay 8.5 cents for songs less than 5 minutes long. It's all on their site: http://www.harryfox.com/r...rrent.html


This is the search page.
http://www.songfile.com/n...earch.html

I just did a search for Prince, and then checked out the songlist, which is strange - it lists 77 albums, and only 87 songs - so, I imagine the artist DOES have control over which songs can be covered? I don't know about that...

I'm not a lawyer but maybe there is one here on the org who can clear this up?

Here is how I understand it. There is also a thing called "Compulsory License". This allows you to perform basically anything you want to live. I've had previous band members start new projects and do my songs... I didn't like it but what could I do? They claimed compulsory license allowed them to play my songs live regardless of my feelings about it.

The only other issue is whether the club is current with its fees to BMI and ASCAP. I did once play in a place that REFUSED to pay the performing rights organizations so we had to sign an agreement saying we would only perform original music there to which we held the copyrights. Cool for us, but the place didn't last long.

As for recording covers... yes Harry Fox can help us small potatoes out with our independent releases. However I'm sure there are other mechanisms in place for people in the big leagues. Otherwise what would stop someone like Madonna from doing an unreleased Prince song for the publicity? He must be able to prohibit that somehow. After all they have to licence samples now and we've all heard about people who wouldn't give permission. Surely that happens with songs as well. I bet it has something to do w/ the level you are operating at.

So bottom line is- play unreleased Prince stuff live. Record it. Just don't sell it!! Then you should be cool.

Am I off base anywhere?

Okay. I heard back from my entertainment lawyer friend. Here's what she wrote:



No mention of performing it live - but I think I only asked her about recording the song.

otan said:

Thanks Otan!

The part that has me wondering is this:

> "...you better get a license first."
> "...an artist can't refuse to allow covers."

I would think an artist could refuse to allow covers by not granting a license, no? I'm assuming that it's the artist that you get the license from?

alexandernevermind said:

I think this is the famous "Compulsory License" I was talking about. They HAVE to allow you to do their material. The license is "compulsory". But it also isn't free! You have to pay them for it. There is a standard fee set for this in most cases which is why Harry Fox Agency can often take care of you.

So they HAVE to let you, and you HAVE to pay them. Your only problem comes if you don't pay them. Then they have your balls.

Same basically goes for live performance. They have to let you. Only then the venue is responsible for paying the appropriate fees via the performing rights organizations. So its not your problem!!

krebsne said:

Ok..thanks for the info....any idea on what the "standard fee set" is?