"Arrangements" vs "covers"

[ncc1701]

Hope someone here can help me out of this quagmire of copyright info. Real-world experience would definitely be helpful.The Music Publishers' Association (www.mpa.org) says that if I want to create a new arrangement of a copyrighted song, I have to secure permission from the copyright holder and possibly pay a fee.But the National Association for Music Education (www.menc.org) has a section on copyright that states "If a musical work has been recorded for public distribution, the copyright owner is required to license it to anyone who wants to record it." I understand this is a compulsory mechanical license, for reproducing a recording.Don't these contradict each other? If I want to record my own cover version of an existing song, why would I have to get (and pay for) permission to arrange it when the copyright holder HAS to grant a mechanical license for me to reproduce the recording of my arrangement anyway? Or are these things apples and oranges? Are we talking "arrangement" as only a written score and a cover recording as only a sound recording?Let's say I sign a deal with a record company for them to include a cover recording of mine on a CD. It's a substantially different genre and instrumentation than the original. Am I entitled to any percentage of the writer's share of royalties?Hope someone can give me some direction here.Kathleen

[mazz]

Here's where you have to go to do what you want to do anyway, and it looks like they can answer all your questions:http://www.harryfox.com/index.jspHappy arranging!!Mazz

[ncc1701]

Thanks, Mazz. I did find some useful FAQs there that I hadn't seen on past visits.Has anybody here ever requested permission to arrange an existing work? Can you do it with just a simple phone call or does it take a legal document? Anyone ever been turned down by the copyright holder?Kathleen

[mazz]

My wife's band did two covers on one of her albums and all she did was contact Harry Fox agency and they got the licenses for her and she signed some contract with them regarding royalties per unit sold. The same for her jazz album which was 90% standards. It was pretty easy, if I remember correctly. Harry Fox is the best place for this because most publishers use them anyway. I think you can arrange a work any time you want to without permission (cover bands do it all the time). It's the recording and selling of that recording where you need to get the license/permission. The same probably applies if you do an arrangement, say for concert band, and want to sell that arrangement to schools. Mazz

[mojobone]

A friend of mine and his band covered Frank Zappa's "Magic Fingers", using pretty much the same instrumentation as the original; Harry Fox' agency was not a factor, they dealt directly with FZ's widow and the estate, the upshot is that you are not licensing a performance, you are presenting a new version of an existing work.( I think the term is "underlying composition") You pay a negotiated license fee or the standard mechanical rate, depending on whom you deal with and the destination of the recorded track. Most folks are happy with the statutory rate, but there have been exceptions. Usually, copyrighted arrangements are attached to songs that might otherwise be described as being "public domain".

[devin]

Sorry to be posting more questions than answers Kathleen...I'm reading through Mazz's link too...so here's some questions for people that may have already submitted cover songs via Taxi:If a Taxi listing is asking for covers and/or arrangements:- Are we (the artists) on the hook then to get the clearance? - If yes, do we do this before we submit? It seems a listing that only lasts 4-6 weeks may not give enough time to secure such things (working Mojo's friend's approach above, as in contacting the widow of FZ).- Would the listing company (music library, etc) be involved in sorting the royalties out after we submit?- Would it be too late to wait until a deal is offered to look into this?Here's some current listings that specifically state covers and/or arrangements...I didn't see any verbage saying "get clearance before doing covers/arrangements", and some of the reference artists for the second example are current (not public domain).Example #1:NEW LISTING -- ORCHESTRAL COVER ARRANGEMENTS OF POPULAR SOUNTRACK THEMES a la Charade, Raiders of the Lost Ark, Robin Hood, Star Wars, etc. are needed by an Independent Record Label for a Compilation CD project that will be released by a Major Distributor. This company has signed dozens of TAXI writers for use on projects distributed by Sony/BMG, Universal, EMI, etc. These arrangements need to be lush, orchestral performances of any well-known soundtrack theme - including those mentioned above. You don't have to duplicate the exact arrangement of the original and the company will actually be quite interested to hear different takes on the themes, as long as the original is clearly recognizable...Example #2:BLUEGRASS ARRANGEMENTS OF POPULAR SONGS from various genres - i.e. Green Day, Matchbox Twenty, Sara Bareilles, The Who, Rolling Stones, Kelly Clarkson, etc. - are sought after by an Independent Label with many releases. This label specializes in Bluegrass tribute albums, focusing on popular bands/artists for a variety of genres/styles. There are no limitations as to which artist you choose to cover in a Bluegrass style, but you'll want to be sure that the material is familiar and popular. This company has done tributes to Metallica, Foo Fighters, The Shins, Kelly Clarkson, etc. - just to give you an idea of the possibilities. They'll be listening to how clever your arrangements are ...Example #3:NEW LISTING -- HAROLD ARLEN COVER SONGS are needed ...#4:NEW LISTING -- ELVIS COVER SONGS are needed...

[mazz]

My understanding is that the publisher would take care of the clearances if your arrangement was chosen. I don't think there's royalties for arrangements of songs that are not Public Domain, but I'm not sure. I recently did an arrangement of a famous piece for the daytime show gig and will never see any backend from it, but the original composer will!Deals like this will probably pay upfront fees and possibly a percentage of the profits from the compilation CD. Only the contract would say for sure. HTH,Mazz

[devin]

Thanks Mazz...that does help!