Legalities when Covering a popular song

[dmc5]

I recorded a rock version of Irving Berlin's WHITE CHRISTMAS. It was accepted into a Music Library (thank you TAXI!). I'm confused as to how to fill out the paperwork from the Music Library. For example this part:COMPOSITION: ____________________________________________________________________________________WRITERS: ____________________________________________________________________________________PERCENTAGE: ____________________________________________________________________________________AFFILIATION: ____________________________________________________________________________________PUBLISHING COMPANY NAME ________________________________________________________________________ADDRESS: ____________________________________________________________________________________SS#: ____________________________________________________________________________________Am I considered a writer since it's my version? Do I include my publishing company ?They want me to re-title the song. Can I do that with a classic song like this?I've talked to several organizations, including ASCAP, no one has been able to help?Anyone out there able to answer this?

[stephen]

I believe your PRO should be able to help with this. But you did a cover so Irving Berlin is the writer and composer your cover will be published by your publishing company. You cannot retitle the song as far as I know.I'm doing a cover of someones song too. All the songwriting royalties etc remain that of the original writer/composer. Any performance royalties will be mine. However when I register the song it could be listed as public domain if the life of copyright has passed. If it hasn't then I'll have to put the owners name. My version will be published by my publishing company. You have to give jack his jacket.

[simonparker]

I would contact Irving Berlin's publisher at:IRVING BERLIN MUSIC COMPANY % WILLIAMSON MUSIC CO ATTN: MAXYNE LANG 1065 AVE. OF THE AMERICAS SUITE 2400 NEW YORK, NY, 10018 Tel. (212) 541-6968Tell them your situation and see what they say. Given that WC is the most covered song in the history of popular music, you should be able to get an answer from them fairly quick. Good luck.

[suzdoyle]

Jun 19, 2009, 4:17pm, dmc5 wrote:I recorded a rock version of Irving Berlin's WHITE CHRISTMAS. It was accepted into a Music Library (thank you TAXI!). I'm confused as to how to fill out the paperwork from the Music Library. For example this part:COMPOSITION: ____________________________________________________________________________________WRITERS: ____________________________________________________________________________________PERCENTAGE: ____________________________________________________________________________________AFFILIATION: ____________________________________________________________________________________PUBLISHING COMPANY NAME ________________________________________________________________________ADDRESS: ____________________________________________________________________________________SS#: ____________________________________________________________________________________Am I considered a writer since it's my version? Do I include my publishing company ?They want me to re-title the song. Can I do that with a classic song like this?I've talked to several organizations, including ASCAP, no one has been able to help?Anyone out there able to answer this?Hey DMC;Unless I'm mistaken, here's what I understand to be the deal with covers versus public domain songs:You are considered the arranger if it's a song in copyright. That means you recorded a version of it, but the song is owned by the copyright holder/ author. Therefore, when you list the song with a library (or put it on a CD), you have to clearly indicate who owns the song (composer + publisher). And it's best to license the right to record the song and sell it digitally via Harry Fox online. You can sell/ license your version of White Christmas for personal use (e.g. on a CD, or as a digital download for personal use ala iTunes etc.); but you can't let the music library license it for production use without further permission from the songs publisher/ copyright owner.If you record a public domain sing (1923 or earlier), then you are the arranger, and the song is NOT owned by anyone, so you are free to license your version for production use and act as publisher for your version of it.(BTW, the term "writer" can be confusing at PROs e.g. ASCAP, because if registering your version of a public domain song, it really means arranger. It would be easier if they had "composer," "arranger" and "publisher" as the 3 options for how to describe things.Credits-wise, here's what I'd suggest:SONG: White ChristmasCOMPOSER: Irving Berlin (1940)ARR: Your name AFFILIATION: ASCAP, BMI or SESAC (whichever is your PRO)PUBLISHER: Iriving Berlin Music Corp (as per Simon's post)Publisher's addressYOUR SSN (for pmts for tracks sold. Production use licensing would go through Irving Berlin's publisher via his PRO).Hope this helps.Suz

[suzdoyle]

P.S. I also don't think it's legal to let someone re-title a cover song without the original composer or publisher's permission. I wonder if some of the library's forms/ info you got was automatically generated and they overlooked the fact that your song is a cover of a copyrighted song.I highly recommend "The Permission Seeker's Guide through the Legal Jungle" by Joy Butler. Very user friendly and clear.http://www.guidethroughthelegaljungleblog.com/

[slideboardouts]

Jun 19, 2009, 11:48pm, suzdoyle wrote:P.S. I also don't think it's legal to let someone re-title a cover song without the original composer or publisher's permission. I wonder if some of the library's forms/ info you got was automatically generated and they overlooked the fact that your song is a cover of a copyrighted song./I thought this sounded a bit fishy too but wasn't sure. Thanks for chiming in here Suz.-Steve

[dmc5]

Thanks everyone, especially Suz, for all the great advice. I'll let you know how things turn out.

[dmc5]

I also ordered the book you recommended, SUZ.

[chriscarter]

You are not a writer, nor a publisher.You do not have the right to license the song for sync, nor do you have the right to grant a library the right to license the song for sync. You can also not re-title the song. This is because it's not your song.The only thing you can do with it is sell it as an audio-only product IF you get a mechanical license from the publisher (or a compulsory mechanical license).The only way you can use this song with a library is if you contact the publisher and get them to also agree to license the song with the library.

[telaak]

hope i'm not hijacking the thread here but i'm in the process of recording a few covers w/some fellow musicians to pitch to libraries ~ I thought I knew what to do, but not so sure after reading this..any light you can shed would be appreciated ~ i'm in a few libraries now and when I submit music they always ask if it's a "cover" so i'm assuming people do this ~ i'm also hearing alot of covers in commercials these days so other people are obviously doing it and getting paid ~ just want to do it right..jp