Question about licensing a cover tune

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renips
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Question about licensing a cover tune

Post by renips » Tue Mar 02, 2010 9:08 pm

I recently licensed from the Harry Fox agency the ability to use the song Eleanor Rigby. What happens when with regards to credit for use of my version? In other words the song is written by Lennon and McCartney. Current copyright is Sony and comapny 66.6% and Lennon and McCartney 33%. Would I be listed as performed by (me) or do I have any claim legally to my version as it is recorded other than performed by?

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Re: Question about licensing a cover tune

Post by jeffrey » Thu Mar 04, 2010 11:17 pm

Eleanor Rigby is gonna always be L + M, as you know you can get the mechanical to do a cover. But the writers rights royalties will go to the estate to Lennon and sir Paul. Now if you write a song using or interpreting their song, or satirizing ... that is something else entirely. So sadly the short answer is you hopefully with get more records sales from you great version of their song, ( for witch you pay the statutory rate). Of course had you picked a song that was in the PD, IE 75 years after the writers death then the royalties you could claim. Did this help at all ?
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Re: Question about licensing a cover tune

Post by renips » Fri Mar 05, 2010 2:40 am

jeffrey wrote:Eleanor Rigby is gonna always be L + M, as you know you can get the mechanical to do a cover. But the writers rights royalties will go to the estate to Lennon and sir Paul. Now if you write a song using or interpreting their song, or satirizing ... that is something else entirely. So sadly the short answer is you hopefully with get more records sales from you great version of their song, ( for witch you pay the statutory rate). Of course had you picked a song that was in the PD, IE 75 years after the writers death then the royalties you could claim. Did this help at all ?
So, I evetually put this out and it sells on ITunes music or any other online site and when the sale is made you are suggesting that the money from the download will have to be turned over to L+M and Sony? Is it a possibility that I can keep download sales because my version is as you say an interpretation? Also when it comes to a listing submission, should the music supervisor decide that they want to use my interpretation they would need to work out licensing with the legal copyright owners and I would enter into a deal for my interpretation? Thanks

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Re: Question about licensing a cover tune

Post by mojobone » Fri Mar 05, 2010 3:36 am

Basically, there are two copyrights involved in this situation: the song copyright (administered by Sony/MacLen, and already filed as Form PA) and the sound recording copyright (owned/administered by you, or whomever paid for the recording sessions, heh, and filed by same using Form SR) In the event your version is used in a film/video production, you would license the recording and the production company's legal/clearance team would take care of messrs McCartney and Lennon. (and hopefully spare some change for you, in the bargain) With iTunes, the waters are a bit muddied, and it doesn't seem fair to pay a mechanical rate for a non-physical product for which you yourself receive a fraction of a dollar. (certainly better from a legal standpoint to pony up, though) For CD sales it's pretty simple, you pay the mechanical rate based on the number of CDs manufactured when you place your order.
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Re: Question about licensing a cover tune

Post by suzdoyle » Fri Mar 05, 2010 3:15 pm

You can make money from selling your recording of a cover song for personal use only (via iTunes & other digital marketplaces, as well as on CD), but any production use (e.g. if the song is used in TV/ Movies/ commericals/ internet productions etc.) requires further licensing from whoever administers the copyright for the song (either the songwriters or their publisher).

Hope this helps!
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Re: Question about licensing a cover tune

Post by renips » Fri Mar 05, 2010 6:22 pm

Thanks Jeffrey,Mojo and Suz. I appreciate all of your help

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