Altering lyrics in a cover tune

[jerryvelona]

I'm in the processing of recording a relatively obscure rock tune from the 80's. The lyrics are somewhat cryptic and self-referential and I'm thinking about rewriting some of the lines while keeping the chorus and about 70% of the rest. I'm going to submit it to the songwriter and/or publisher to try to secure permission as I think that's the right thing to do. However, I'm wondering what is legally permissible in a situation like this; i.e. am I obligated to get permission or could I just purchase the license and release the tune with the lyric changes regardless of whether they like it. I probably wouldn't do that but I'd like to know if there's a line that can't be crossed on something like this. Maybe it has to do with the copyright? Does Weird Al Yankovic have to get permission to do what he does? Anyone have any experience with a situation like this?

[mikeymike2000]

I am not the end-all on this question but a while back I did want to re-mix a song that had some big names attached to it.

I contacted the copyright holder for permission and was granted the go-ahead on a provisional basis. While in the end they chose to keep the song as-is and not have any alternate versions out there, they applauded my efforts and were gracious about the matter. (After the fact once I realized who I was contacting and all the names behind it I totally respect the wishes of the writers wife not to mess with it. Although I think my version/idea was pretty cool.) - Still in the future anything may be possible. Had I know then what I know now I would most likely have never just called this person up out of the blue to ask to do this but it was a great honor to meet them.

Anyway, point is, I contacted this person cause I felt it was the right thing to do. In my research I found that yes, you most definitely need to have permission to do this cause it is not your work to begin with.

As for Weird Al, (you will want to look this up to be sure) but that is a completely different ball game. A parody song is different than a re-mix. If your name is Weird Al you prob have a little more lee-way too cause having him spoof you was like a badge of honor that many artists hoped for.

There is prolly a magic % that you can 'get away with' changing but even if there is, out of respect you should contact the author or their rep. for the blessing regardless. - What if it was your baby someone wanted to mess with?

It is easier to just write your own stuff and answer to nobody but at the same time this could be a fun experience for you and you may get the opportunity to meet one or more really cool people. So GO FOR IT! Just remember to tread lightly, be respectful and it may take several weeks to get a reply. Don't be pushy. - I waited 3+ weeks before I followed up after the original contact and we scheduled and re-scheduled meetings about 2-3 times.

Oh and you should have at least a rough demo ready to go (fully mastered even better) before you try to contact anyone. They may reply fast and want to hear what you got. - Once you get that communication line open with excitement or intrigue, you had better have something to show immediately. You don't want to 'ask them if you can do it' first, you want to have it already done and then make your request. - But of course you don't publish it anywhere. No youtube, no FB, no soundcloud, nothing.

Hope that is useful.
Good luck.

[jerryvelona]

Thanks for taking the time on that MM - kind of coincides with my thinking on it but very helpful to get a 2nd opinion. Much appreciated!

[shanegrla]

You don't actually need permission from the publisher to do a cover. As long as you're a small-time player like us, you can get a compulsory license to do their song through Harry Fox Agency. My info may be a bit out of date, but at least back when people were selling actual CDs, etc., that compulsory license covered I think up to about 10,000 units. And as long as you paid for it and went through the right channels to do it, you can do it and they can't stop you. (After that 10,000 though, I think you do need permission from the publisher.)

And once you're paying them for it, you can do whatever you want with it. Change a few lines here and there, diva a few notes differently on the chorus or whatever. What are they gonna do, not take your money because it's "not really our song anymore"? I doubt it.

So this is sort of a slightly different situation but kinda related. Remember the movie Airplane? (Funniest movie ever, btw.) Those guys actually bought the rights to an earlier movie from the 50s (can't remember the name offhand) just to be sure they wouldn't be sued because the basic plot of the movie is almost identical. But they changed a whole bunch of details like names, dates, places, etc. They added a bunch of stuff of their own (obviously the jokes, but plot devices too).

The point is, they paid for the rights legally, now they could do whatever they wanted with it. I think, as long as you're not expecting to sell tens of thousands of units, you should be able to do the same thing too.

[jerryvelona]

Thanks Shane. There's still a bit of a grey area here as far as how much liberty you can take with someone's song as far as the lyrics are concerned. You can pretty much change the entire musical arrangement with no problem but I think the lyrics are a different matter. I'm leaning toward getting permission from the writer or publisher in this case as I would like someone to do that with me if the situation were reversed. However I think you're right that you can probably just buy the license and make some minor changes with no repercussions as long as your sales were relatively insignificant. I think buying the rights to an artistic creation gives you more leeway than just buying a mechanical license to cover the tune. I'll figure it out but I appreciate your insight.

[NathanNasby]

I think where lyrics are concerned a person should be a bit careful. I am not an expert in this area either, and my only experience is with musical theater, but in several plays I was in with a larger theater group there were a few lines and words that got changed in a couple Gershwin songs as well as another big name writer. MTI and another musical theater rights organization contacted our director and threatened shutting down out group, pulling our license and filing legal action. It was hairy for a bit. Now obviously it happens all the time with these little no name artists posting their covers on youtube and other such places. If that is what you are doing and want to take the risk it's up to the individual, but I would never suggest that approach. If you are looking at doing a cover that you will be attempting to license or sell commercially Always do a PRO song search on who owns the rights and handles licensing, then contact the writer or publisher to get permission.