Fair Use & Cover Songs?

UnlikeKurt · Post by **UnlikeKurt** » Thu Nov 12, 2009 6:32 am

Couldn't decide upon the correct forum for this question.

Just finished a live record for a band. During the show one of the guys plays a chunk of a cover song (very impromptu). If this was to be included on the release would it require licensing?

If anyone can help out with this it'd be appreciated.

Z-Plane · Post by **Z-Plane** » Thu Nov 12, 2009 7:38 am

Harsh but realistic answer - figure out how many of these you are going to sell and if the songwriter (not always the artist or label) will ever get to hear it, and also if they are likely to chase you for a couple of dollars owed. Going legit usually doesn't involve licensing because you are not using any recorded audio, but you may need to agree a publishing split with the songwriter, usually pro rata.

DupleMeter · Post by **DupleMeter** » Thu Nov 12, 2009 7:48 am

If the song was previously recorded you already have license to record it (this is known as compulsory license). But, that doesn't indemnify you of having to pay writer, publisher & mechanical royalties.

IMO, best bet is for the band to pay an entertainment lawyer to secure all the rights. Better to pay a couple grand now than a couple million later.

cgarges · Post by **cgarges** » Thu Nov 12, 2009 7:56 am

DupleMeter wrote:IMO, best bet is for the band to pay an entertainment lawyer to secure all the rights. Better to pay a couple grand now than a couple million later.

For something as simple as this, it doesn't have to be that complicated. Check out the Harry Fox Agency website (www.harryfox.com) and try to find taking care of the licensing there. They can probably handle it. If not, you can contact the publishing company who handles that particular song. In any case, it'll probably cost you about $100 per 1,000 CDs you print. It's not much at all.

Chris Garges
Charlotte, NC

Gentleman Jim · Post by **Gentleman Jim** » Thu Nov 12, 2009 8:03 am

The way I read what you wrote, it makes it seem as if this may have happened outside the context of one of the band's songs.

If that's true, just take 3 minutes and edit it out. Problem solved; no payouts, no lawyer, no dark cloud over anybody's head.

Chris_Meck · Post by **Chris_Meck** » Thu Nov 12, 2009 10:06 am

what Garges said.

I've done it several times. Harry Fox and $100 will put you in the clear.

dsw · Post by **dsw** » Thu Nov 12, 2009 11:09 am

Even less than $100 sometimes, depends on the song. I licensed two songs for my CD that cost me about $80 through Fox. hfa.com I think is the site.

Post by **TapeOpLarry** » Thu Nov 12, 2009 2:53 pm

My pals did a live CD of many (unlicensed) cover songs once, self-pressed, sold only at gigs locally and nothing bad happened. It's a risk, but on a small level probably a fair bet!

Ryan Silva · Post by **Ryan Silva** » Thu Nov 12, 2009 3:00 pm

TapeOpLarry wrote:My pals did a live CD of many (unlicensed) cover songs once, self-pressed, sold only at gigs locally and nothing bad happened. It's a risk, but on a small level probably a fair bet!

Yep, if you get caught your doing somthing right.

JGriffin · Post by **JGriffin** » Thu Nov 12, 2009 11:48 pm

cmez wrote:what Garges said.

I've done it several times. Harry Fox and $100 will put you in the clear.

+1. Absolutely. And, better safe than sued.

And hey, help me offset my Harry Fox fees! Buy my covers album!

Z-Plane · Post by **Z-Plane** » Fri Nov 13, 2009 2:31 am

As to my earlier post, I'm in the UK btw.

dsw · Post by **dsw** » Fri Nov 13, 2009 10:56 am

WAY off topic.

Z-Plane....do you ever listen to World Have Your Say? That one fellow starts the show with Hello *enrosakians* (I have no idea how to spell it) .

What the hell is an enrosakian?

Sorry, for the weird question.

Back to your regularly scheduled programming.

UnlikeKurt · Post by **UnlikeKurt** » Fri Nov 13, 2009 11:04 am

thanks for all of the feedback.
I contacted Harry Fox and then the band discussed it and decided to nip it from the record.
Another interesting note is that they have to purchase licenses for all of the other songs on the recording even though they wrote them all (publishing deals) haha.

Z-Plane · Post by **Z-Plane** » Fri Nov 13, 2009 11:17 am

dsw wrote:WAY off topic.

Z-Plane....do you ever listen to World Have Your Say? That one fellow starts the show with Hello *enrosakians* (I have no idea how to spell it) .

What the hell is an enrosakian?

Sorry, for the weird question.

Back to your regularly scheduled programming.

No, but one podcast later and I can offer two answers;

1. Hello Enrosakians (they probably pick up the AM waves on Enrosakia within a few years of earth transmission)

2. Ros Atktins, the presenter is saying "Hello, I'm Ros Atkins".

I like the first one as well...

dsw · Post by **dsw** » Fri Nov 13, 2009 12:48 pm

*slaps forehead*

If I wasn't so dumb, I'd be dangerous.

Thanks

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Fair Use & Cover Songs?

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