Ideal amount of Songs

[nomiyah]

Quote:Quote:I 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 Everyone agrees about the mechanical rates. My point, according to the ASCAP rep, is that you can't perform or pitch a song without permission, even if it's on your CD.

[edteja]

Say Casey, I respectfully disagree. If you record the tune and place it in a movie, then the tune HAS been recorded and released. Otherwise, what are you selling? It seems to me that offering the master would constitute an attempt at a sale. Therefore anyone could record it if they got the mechanical rights at the statutory rate and, as you point out, issuing the license is compulsory.

[Casey H]

Quote:Say Casey, I respectfully disagree. If you record the tune and place it in a movie, then the tune HAS been recorded and released. Otherwise, what are you selling? It seems to me that offering the master would constitute an attempt at a sale. Therefore anyone could record it if they got the mechanical rights at the statutory rate and, as you point out, issuing the license is compulsory. I could be wrong but my understanding is that "first release" only refers to a recording associated with mechanical royalties such as audio CD and not a usage of the master recording itself. But, as my wife often points out, I am wrong sometimes all the time...

[Casey H]

Quote:Quote:Say Casey, I respectfully disagree. If you record the tune and place it in a movie, then the tune HAS been recorded and released. Otherwise, what are you selling? It seems to me that offering the master would constitute an attempt at a sale. Therefore anyone could record it if they got the mechanical rights at the statutory rate and, as you point out, issuing the license is compulsory. I could be wrong but my understanding is that "first release" only refers to a recording associated with mechanical royalties such as audio CD and not a usage of the master recording itself. But, as my wife often points out, I am wrong sometimes all the time... Hi EdI did some checking in Donald Passman's book. Unless things have changed in the past few years (my book is at least 4-5 years old, maybe more), all we are talking about falls under laws regarding mechanical licenses/compulsory licenses. A songwriter must grant a compulsory license if a song has had a 'first use' which is defined with a few qualifiers including "released on phonorecord." This would mean that use of a master recording in a film does not qualify as a 'first use' here.Any music attorneys lurking out there? All comments and corrections welcome. I think it is very important that the information presented on forums like this is as accurate as possible. CaseyPS Nomi... "Painfully Single" has been used in film but on on phonorecord yet... So, it looks like you do need my permission, LOL!!

[edteja]

After talking with Casey on the phone, so as not to hijack the thread, my incredibly oversensitive sense of honor compels me to report that he (Casey) might actually be (gasp! Hold for dramatic pause. Fade in the "winning number" theme) correct! If the tune has not been recorded as an audio product, for sale to the public (even in limited quantities) then the compulsory license shouldn't apply, assuming our books are right. Of course, this sort of chaos and disagreement reinforces why we should all talk to savvy entertainment lawyers before signing anything, or probably even before going out of the house in the morning. Of course you must wash your hands thoroughly afterwards.