Getting permission to do a remix

[dlguitar57]

I want to do a remix of an artist with added lyrics(i guess legally considered a derivative work), but the board of trustees of this artist does not allow this. Does anyone have an idea of how I can get permission to do it? thanks

[scarecrowbob]

If you are generally within the scope of the original work (i.e. not drastically changing the work beyond rearranging it for your particular circumstance) in the US you can rerecord the work and pay the standard mechanical rate. (~1.25c per recorded minute).

 

If you want to manipulate something someone else has recorded or alter the scope of the original work, you will have to negotiate with the owners of the appropriate rights.

 

Could you be more specific about your project?

[dlguitar57]

want to do a remake of a hendrix song,and the only major change would be adding a verse or 2 with new lyrics. I emailed his people about it and they said that changes to his songs can only be done with permission from the board of trustees. When I asked how to get permission from the board of trustees, they said that they dont allow lyrics to be added to his songs (if you can make sense of that). So I'm wondering if there is another angle I can take with it. thanks for your input

[dlguitar57]

this is from the hendrix website.

MECHANICAL LICENSE INSTRUCTIONS

 

Please fill out the attached form keeping the following instructions in mind. Return the form with a recording of your song for approval. Once approved, a mechanical license will be issued. If you have any questions regarding these instructions, please contact me. Incomplete information will delay your request.

 

Sincerely,

 

Tamera Kearney

Phone (206)241-5464

Fax (206)241-5477

Email: tkearney@jimihendrix.com

__________________________________________________________________________________

Below are the requirements that you must follow prior to recording, manufacturing, or distributing your album:

 

You may not do any of the following without prior written permission:

 

- Change, alter, delete, or insert new lyrics into the composition.

- Change or alter the fundamental character or basic melody of the composition.

- Create a medley (combination of other tunes tied to the composition(s) being licensed).

- Create a derivative work or sample any portion of a Jimi Hendrix composition.

- Use the name of Jimi Hendrix or his work as the title of the release or on the cover of the release.

- Use a photo, drawing, or any image that depicts Jimi Hendrix on or in any part of the release.

- Print lyrics on the release or in the liner notes or CD booklet.

- Use downloading or streaming on the Internet to sell your CD. Internet sales must be domestic only unless an international license has been obtained separately from Sony Music, who issues foreign licenses.

- Hold reserves for returns.

 

The current statutory mechanical royalty rate is $0.091 per song, per unit for songs less than 5 minutes and $0.0175 per minute or fraction thereof, for songs over 5 minutes.

 

For initial release of 2500 units or less, a non-returnable advance royalty is due upon execution of the license. In addition there is a 500 unit minimum.

 

You shall pay royalties at the current statutory rate and account to us quarterly, within forty-five days after the end of each quarter, on the basis of all phonorecords made and/or distributed.

 

If the royalty amount is less than $25.00 dollars carry the balance forward to the next statement. Quarterly statements must still be submitted. All balances due at the end of the calendar year must be paid in full, regardless of the amount. If payments are not received by the due date, you will incur an interest charge of 1.5% per month, and your company may be subject to further legal action.

 

[scarecrowbob]

"want to do a remake of a hendrix song,and the only major change would be adding a verse or 2 with new lyrics."

 

Legally, there isn't much you can do.

 

But practically, I've done a lot of covers just for fun and put them out in goofy places. Unless you're gonna sell more than ~500 copies (and that is not a real number, just a kind of low, personal threshold) I would not worry.

[dlguitar57]

i guess I will just have to try to get in touch with his licensing people or someone who knows them. Thanks

[daddymack]

The Hendrix Estate is extremely aggressive in protecting Jimi's 'legacy'. I know other people who ran afoul of them (tributes, mechanical licenses) and had a very unhappy experience.

They have every right to allow or deny your use of the copyright materials they control, so do as they instruct: Submit your remix to them with the added lyrics, and see if they will sign off on it. Unfortunately this means doing the entire project not knowing if they will greenlight it...but that is your call.

[Kramerguy]

You want to use someone else's material.

 

They said NO

 

You have a choice. Accept it and move on, or ignore it and do it anyways...

 

If you choose to ignore them, well... don't make a post here bitching about them suing you