Cover song licensing question

[OrionSatori]

I'm doing a cover of a song and I'm adding rap at the beginning of each verse, and then, singing the original verses. I may or may not cut out some original lyrics here and there. The chorus will still be sung. I will be recreating all of the music, so no samples are used. The melody will remain unchanged. How do I handle licensing? Will this be a cover or a derivative? Thanks for any help.

[shellsings]

Hi Orion

Here is an article on it with some info...

http://www.musicianwages.com/the-workin ... ver-songs/


Also check out this

http://www.songclearance.com/

this links lets you clear the song based on how you will use it...

If you are licensing for film and TV I think its up to the music supervisor to get the rights to the song... but if you want to do streaming, digital download or put on an album , check out songclearance

Hope this helps

[OrionSatori]

Hi Orion

Here is an article on it with some info...

http://www.musicianwages.com/the-workin ... ver-songs/


Also check out this

http://www.songclearance.com/

this links lets you clear the song based on how you will use it...

If you are licensing for film and TV I think its up to the music supervisor to get the rights to the song... but if you want to do streaming, digital download or put on an album , check out songclearance

Hope this helps

Alright, thanks. I think I'm gonna have to contact Tom Petty directly to get clearance, and then use Lime Light to do the licensing.

[T&V Marino]

Hi Orion,

Read this if you're thinking about using a Tom Petty song -- you might have second thoughts about it!

http://www.slate.com/articles/news_and_ ... _clue.html

Also, to get a song cleared, you need to go to the songwriter's PRO (in this case Tom Petty belongs to ASCAP) AND the songwriter's publisher, which depending on the song, is most likely "Gone Gator Music" in Calabasas, CA.

Maybe this link to Petty's catalog with ASCAP will work: http://www.ascap.com/ace/search.cfm?req ... 25&start=1

Good luck!

~ Tracey & Vance Marino

[guitarhacker]

I always thought The Harry Fox agency did the licensing of songs.

go to their web site. I think you can get the needed license on line.

[mojobone]

Limelight.com also does licensing, and there are some songs that Harry Fox doesn't cover; the entire Frank Zappa catalog is an example, though I think they might be able to license his first record as The Mothers Of Invention. Generally, if you cut portions of the original work, you're not making a derivative, but if you add a rap, that would probably qualify.

[OrionSatori]

Hi Orion,

Read this if you're thinking about using a Tom Petty song -- you might have second thoughts about it!

http://www.slate.com/articles/news_and_ ... _clue.html

Pretty sure that was because he hates Bachman. There was a fairly famous rapper who did a derivative of his song and didn't have problems. I can't imagine I would if he didn't.

Also, to get a song cleared, you need to go to the songwriter's PRO (in this case Tom Petty belongs to ASCAP) AND the songwriter's publisher, which depending on the song, is most likely "Gone Gator Music" in Calabasas, CA.

Maybe this link to Petty's catalog with ASCAP will work: http://www.ascap.com/ace/search.cfm?req ... 25&start=1

Good luck!

~ Tracey & Vance Marino

Thanks.

[mojobone]

Hi Orion,

Read this if you're thinking about using a Tom Petty song -- you might have second thoughts about it!

http://www.slate.com/articles/news_and_ ... _clue.html


~ Tracey & Vance Marino

I doubt that Tom Petty or his publishers object to making money; what they and many other artists object to is the appearance of a political endorsement where there is none. As explained in the article, there are circumstances where a writer/artist can stop some uses of their intellectual property, but not others. The rub is when there's an incidental use; this occurs when a campaign event is held at an arena/convention facility that pays a blanket licensing fee: no harm, no foul, but if CNN shows up to cover it, it's heard in the background, over the air, like when a football stadium plays Todd Rundgren's Bang On The Drum, after a touchdown. That's incidental, and there's no synch license; it's merely assumed that a song popular enough to be heard in this fashion is popular enough to earn some of the catchall pool money paid out by ASAP and BMI.

Interestingly, some campaign events/speeches are held at schools and military bases, which typically don't pay those blanket license fees. When that happens, and an artist's music is featured, the artist/writer can sue for damages, even if the song isn't inadvertently aired.