Ideal amount of Songs

Casey H · Post by **Casey H** » Mon Jul 16, 2007 9:37 am

Quote:Here's another question regarding Film and T.V. pitches-If one of your songs is licensed and released for a Film or T.V. commercial, does that now mean that anyone can record the song without your permission? For instance, would an Artist be able to recored the song without consulting you?I know once a song has been released on an album, that anyone has the right to record and release it. Is it different for Film and T.V. listings? Anyone have any idea about this? Thanks-DanaGenerally, no. Licensing your song for film/TV does not constitute a "first use" as it does when the first mechanical rights are granted. So if you song has never been recorded by an artist and it is licensed for film/TV, an artist would still need your permission to be the first to record it.Bear in mind that if you signed a publishing deal with the library (e.g. they become the publisher of the song per contract), they would be the ones to approve such use. That type of deal is much less common for most of us. Casey

nomiyah · Post by **nomiyah** » Mon Jul 16, 2007 9:40 am

Quote:I know once a song has been released on an album, that anyone has the right to record and release it. Dana,This isn't true. If you sign a deal with a publisher for a song, they have the right to place it as much as they can. But nobody is allowed to record the song without permission just because it's released.Nomi

Casey H · Post by **Casey H** » Mon Jul 16, 2007 9:56 am

Quote:Quote:I know once a song has been released on an album, that anyone has the right to record and release it. Dana,This isn't true. If you sign a deal with a publisher for a song, they have the right to place it as much as they can. But nobody is allowed to record the song without permission just because it's released.NomiSorry Nomi, you are wrong here as far as I know. The first time someone wants to record a song that's never been released before they have to get permission from the writer/publisher in the form of a mechanical license agreement. This is often called "first use". Once a song has been released, anyone can record it as long as they pay the statutory mechanical royalty rate, currently 9.1 cents per CD. No permission is needed. Casey

yod · Post by **yod** » Mon Jul 16, 2007 2:09 pm

hey Dana,do you play any instrument well enough to accompany yourself? Do have a friend who could? If your lyrics, melody, & structures are strong, that would be enough for a lot of these ''seeking songs'' listings.They might be gone before you can record a demo of a ''perfect'' song so consider getting a low-budget home studio. Technology today is relatively cheap and you could have a decent home studio for the price of a couple demos.that doesn't always fit a listing but it fits a lot of them and you should be headed that way asap anyway...

nomiyah · Post by **nomiyah** » Mon Jul 16, 2007 2:21 pm

Quote:Quote:Dana,This isn't true. If you sign a deal with a publisher for a song, they have the right to place it as much as they can. But nobody is allowed to record the song without permission just because it's released.NomiSorry Nomi, you are wrong here as far as I know. The first time someone wants to record a song that's never been released before they have to get permission from the writer/publisher in the form of a mechanical license agreement. This is often called "first use". Once a song has been released, anyone can record it as long as they pay the statutory mechanical royalty rate, currently 9.1 cents per CD. No permission is needed. CaseyThat's great news Casey!!!In that case, my next CD will be Billie Jean, Give Peace A Chance, Since You've Been Gone and Painfully Single. I'm gonna call the album "Original Recipe". Ha ha

Casey H · Post by **Casey H** » Mon Jul 16, 2007 2:48 pm

Quote:Quote:Sorry Nomi, you are wrong here as far as I know. The first time someone wants to record a song that's never been released before they have to get permission from the writer/publisher in the form of a mechanical license agreement. This is often called "first use". Once a song has been released, anyone can record it as long as they pay the statutory mechanical royalty rate, currently 9.1 cents per CD. No permission is needed. CaseyThat's great news Casey!!!In that case, my next CD will be Billie Jean, Give Peace A Chance, Since You've Been Gone and Painfully Single. I'm gonna call the album "Original Recipe". Ha haSELL A LOT OF COPIES!!! Casey

dayson1 · Post by **dayson1** » Tue Jul 17, 2007 7:27 am

Hi Casey Thanks for answering that for me. That's good to know:)Hi Nomi:) Yes, that might be one a lot of people may not know about.I remember reading an article about Prince being really upset, about another Artist named Genuwine doing a cover of "When Doves Cry"He was highly upset, but was powerless to do anything about it.Hey Yod, no I don't play any instruments...I have a few failed attempts at it. mostly because I am so impatient and I don't really have a burning desire to. I think that plays a big part of it. Maybe at some point I will get fired up again, you never know.Thanks for the responses -Dana

nomiyah · Post by **nomiyah** » Wed Jul 18, 2007 9:20 am

Quote:Quote:Dana,This isn't true. If you sign a deal with a publisher for a song, they have the right to place it as much as they can. But nobody is allowed to record the song without permission just because it's released.NomiSorry Nomi, you are wrong here as far as I know. The first time someone wants to record a song that's never been released before they have to get permission from the writer/publisher in the form of a mechanical license agreement. This is often called "first use". Once a song has been released, anyone can record it as long as they pay the statutory mechanical royalty rate, currently 9.1 cents per CD. No permission is needed. CaseyI talked with reps from ASCAP and Harry Fox. What I found out is if you release a version of a song that was previously written and released by someone else, you need to get the HF mechanical license. But if you want to use the song in performance, radio play or to pitch to film/tv, you need permission from the publisher. Without permission it is considered copyright infringement.

dayson1 · Post by **dayson1** » Wed Jul 18, 2007 9:53 am

Yes, That's true:)But I was asking about if you (Yourself) being the songwriter/owner of your own song. Meaning if I wrote a song and it was licensed and released in a film or T.V. commercial, if someone else could re-record that song without needing your permission.There is a first right of refusal law, that the Songwriter is entitled to.If gives them more negotiation leverage when they are dealing with an Artist/publisher ect.Thanks for the additional information, I am sure it will be helpful to all that read it -Dana

Casey H · Post by **Casey H** » Wed Jul 25, 2007 2:42 am

Quote:Quote:Sorry Nomi, you are wrong here as far as I know. The first time someone wants to record a song that's never been released before they have to get permission from the writer/publisher in the form of a mechanical license agreement. This is often called "first use". Once a song has been released, anyone can record it as long as they pay the statutory mechanical royalty rate, currently 9.1 cents per CD. No permission is needed. CaseyI talked with reps from ASCAP and Harry Fox. What I found out is if you release a version of a song that was previously written and released by someone else, you need to get the HF mechanical license. But if you want to use the song in performance, radio play or to pitch to film/tv, you need permission from the publisher. Without permission it is considered copyright infringement.Hi NomiWe are in violent agreement here. First CD release requires permission. Subsequent releases only require payment of mechanicals. In both cases it is called a mechanical license. Use of the Harry Fox agency is an option, not a requirement. Harry Fox can collect mechanicals for artists (for a commission) and most major labels and artists use them. So, for example, my co-write "Marry Me" has been released an offered for sale by an artist. We signed a first-use mechanical license. If someone else wants to release the song on CD, they need to pay directly to me and my co-writer, since we do not use Harry Fox for this. They must pay the statutory rate and, to the best of my knowledge, we cannot refuse to allow them to record the song.Comments and corrections are welcome. CaseyPS Nomi... "Painfully Single" has not been released on a CD yet. So if you want to record it on your next CD, please ask for permission... LOL

Ideal amount of Songs

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