Question brought on by "Songs I wish I'd written"

[christopherscum]

I understand that there is a statuet of limitations (?) on songs being covered by other artist. I have always heard after 20 years of a songs release it is open game for anyone that wants to record it WITHOUT even obtaining legal rights from the Original Artist. This makes me wonder if the same law constitutes with movies, commercials or any other advertising? Can a Company, take let's say a Beach boys song and use it for their promotional purposes without the consent of the band, or in this case whoever owns the music. I already have trouble accepting the fact that a new band can cover a song from 20 years ago without crediting the Original band that wrote and released the song. In my idealistic music world every time the song is played on the radio the D.J. should be required to say That's so and So Nu Metal Band covering Shout by tears for fears. O.K. that's not a great example but I can't think of the one that really chapped me fairly recently, but it's one of these NU-metal type bands doing a classical song. My real problem with this is a 16 yr. old kid is going to understandably think they created this song. That's so unfair, not only to the original Artist, but why should someone be able to boost their own career with a song they had nothing to do with Marilyn Manson has pulled this one off a few times. I realize many people see this as a tribute to the band that wrote the song and in some cases it is. To me a sign that a band might not be really great is if their biggest song is a cover of someone else's material. But back to my original question, after a certain amount of time, can a song be used to promote a product or business without permission. Many of the bands and musicians from the 70's 80's are flat broke. Even ones that wrote great music are now either working menial jobs or touring the Club Circuit. I work as a stage hand and I've set up for many bands that were once packing arenas. The saddest was Quiet Riot, they played a mid sized Club here and maybe 30 people showed up. If they could get anyone to use anything they ever wrote they should get the Money as something tells me they're probably working restaurantgigs or Walmart Jobs. I'm not sure if this was worthy of starting a whole new thread for, especially since it's like my 3rd post but it's something I'm very curious about. Thanks, Christopher

[hummingbird]

Disclaimer: I'm no expert (but that doesn't stop me from talking)If I want to record a cover song -- once a mechanical licence has been issued (i.e., the song has been recorded & released by an artist) -- then all I have to do is apply for a compulsory licence and pay the appropriate licencing fee (for example, if I was going to have 1,000 CDs manufactured, then the licencing fee for that song would be 9.1 cents x 1,000). I cannot cover any song without obtaining a licence unless it is Public Domain. Currently, public domain is defined as published before 1923.I don't know where you get that 20 years from - that's totally wrong. Anything created after Jan 1, 1978 is copyright for the life of the author PLUS 70 years. There are some years in between, this here link helps with that...http://www.unc.edu/~unclng/public-d.htm hope that helps!H

[horacejesse]

Someone has filled you with mis-information.Once a song has been recorded and released, anyone can record it and they don't need a license or permission to do so. But they have to pay the authors (their publisher) the statutory rate for every unit sold. No one has to ask permission of Hootie and the Blowfish to record "The Best of You."The song cannot, however, be used in a movie, TV or video game, etc. without permission of the authors/publisher.

[horacejesse]

Sorry about that mistake! The Best Of You is by the Foo Fighters.