Copyright / Legal Issue re: recording "covers"

[montster]

Would anyone knowledgeable on the subject care to point me in the right direction? Taking the time to explain a bit here would be helpful, or even turning me on to a Website or book with the info would also work just fine. (or Both!!) I'm not asking for legal advice because there is no situation, I'm interested to take the proper and legal route to prevent any situation from happening.QuestionsIf an artist/band wants to record an original arrangement of a tune and wants that new recording to be included on an album intended to be sold as representation of the artist/band, what must happen to ensure there is no copyright infringement?Is it enough to simply register the arrangement with BMI/ASCAP, copyright the new recorded version and give original writer byline on the CD insert?As an original "famous" recording is not being used, I'm assuming there are no real licensing issues or fees to be paid to anyone. Is it just a matter of tracking CD sales and making sure BMI or whoever gets the percentage of that song as included in the new album's sale? For working jazz artists, standards are the foundation of any repertoire and that of the "language" of the style itself. Cover songs are included on albums all the time, how does this really work?As band leader and producer of a working group, I want to re make a bunch of standards and jazz classics. The production will feature our original arrangements as recordings of tunes already in our performing repertoire. The new production is intended to be used for promotion and sold on our gigs, through our website, CD Baby, whatever. We have been focusing on recording original material, but some of the standards we do are great and I want to include a number of them on our current production. I'm very eager to get to the bottom of this so we may move forward with the decisions for this new production.Also, then, can the recordings of these new arrangements be used as placements in the industry through Taxi by Taxi members?Any input is GREATLY appreciated. Thanks Monty

[hummingbird]

Any song previously recorded may be covered if the artist obtains a compulsory licence (usually through the Harry Fox Agency) and pays the applicable licence fee. Depending on how old the song is, that could be very reasonable. You should, legally, obtain the licence before going into the studio. Then you can register, using the SR form, the sound recording of the song. (I think) you may not register it with a PRO unless it is public domain... or unless you have a licence to record the cover. That's when it starts to get too complicated for me, so I'll let someone else take over.

[montster]

That's a great start, seems fairly straight-forward. I wonder if the compulsory license is expensive. I'll do some digging into the Harry Fox Agency.Thanks Vikki!

[montster]

"It should be noted that a mechanical license does not include the right to reproduce an already existing sound recording (called a master use right). That is a separate right, which must be procured from the copyright owner of such sound recording. "This quote was taken directly off the HFA website. Interpreters?I understand a mechanical license is used for the distribution and keeping track of $$ generated by a "sound recording".Does "reproduction" refer to or include the exact arrangement of the original recording?

[montster]

Master Use License ("Master License")This type of agreement is utilized between the owner of a sound recording of a piece of music (typically a record company) anda film company or other entity that wishes to license the usage of the recording synchronized to picture in a film or televisionproduction. Note that a separate license may be necessary from the owner of the music itself (usually a music publisher) since theownership of the music is a separate copyright and is often owned by a different company or individual.

[montster]

What is a Compulsory Mechanical License and the Statutory Rate? If a composition has already been commercially recorded, and you wish to record and distribute that composition yourself (and you are not the original songwriter), you can obtain a compulsory mechanical license. This is outlined in section 115 of the 1976 United States Copyright Act. The Harry Fox Agency mechanical license is a written variation of the compulsory license. The royalty rate (what gets paid to the music publisher) is set by law, and is known as the "statutory rate." Effective January 1, 2006 the statutory mechanical rate is $.091 for songs 5 minutes or less, or $.0175 per minute or fraction thereof per copy for songs over 5 minutes.

[montster]

Info posted FYI for all interested.Further info listed and easily accessible on Harry Fox Agency's websiteThanks again for the lead!!

[ciskokidd]

Hey montster,Just remember you are on the hook for any royalties generated by sales of any licensed cover material. Make sure your accounting is in order.The other thing to remember is that the song needs to have been "released". You are not free to cover any songs that were not previously released either as a single or on a compilation (album).Best,Cisco

[paults]

Typically, Harry Fox wants an advance payment of the statutory rate, based on the number of CDs that are being manufactured, not based on sales over periods of time.

[montster]

Thanks for the heads up!My research proved to concur what you mentioned, Paul, regarding HFA wanting the statutory fees up front.Yet, still baffled by the "royalty" thing as cisco mentioned. In that regard then and drawing from ?'s first presented, once a song is licensed properly and legally, recorded and distributed, BMI/ASCAP tracks the sales of registered material, will they send us a bill for each tune? Then it's up to me as you mentioned keeping records straight, to make sure the bill matches our sales and set enough $ aside to pay it.Seem fairly reasonable and straightforward, depending on how much royalty percentages are from sales. In addition to the royalties, the licensing per tune @$ OO.091 for a max of 250 CD's came to around $22.00. For 2,500 CD's, add a zero and its $220.00. I didn't imagine printing more than a few hundred for starters any way once we got the project finished. Including 4 songs to the project is definitely doable!Now this is exciting! With the info, we're going ahead with some of these tunes we want to do. Check it out: "Rip This Joint" by the Rolling Stones (we do a fantastic version), "One More Sat. Night" (a Grateful Dead classic we've transcribed and arranged; cool Garcia leads into horn lines etc!), "Crazy" by Patsy Cline (we double-time the rhythm under the regular phrasing and added our own horn writing and arrangement, also very hip), and we're back and forth on a couple jazz standards to feature our vocalists. What do you guys think? A Sinatra classic, "Learning the Blues", "Satin Doll" Ellington, "Sophisticated Lady" another Ellington classic, "Cheek to Cheek" another classic done by so many famous Jazz Singers. We've got others we do as far as "standards" but these seem to be the stuff we're leaning towards. What would you guys want to hear? Let me know!Any way, I will keep track of anyone posting to this thread and be sure to send a finished CD to you for your help and the knowledge you share!! The band is called The Atomic Jump Revival. We're 5 horns (2 trp's, tenor and alto sax's and bone), rhythm sect of guitar, piano, bass and drums, a male vocalist with a Sinatra'esque sound and a fabulously stunning young female vocalist who we're proud to have and want to make a STAR!!! More details later as the band's progress will be posted to the gig sections and promotion threads.Thanks again!!Happy HolidazeMonty