When does the band pay...

[milSSlim]

... for the use of songs?

 

The band (a small poor gospel group) wants to make and sell, a 12-15 song cd at local performances.

The members don't want to pay for songs they don't use on the finished cd but need to record more than the 12-15 so they can select theit best works.

 

Do they need license to record or do they need license to release (sell).

 

Slim

[where02190]

They only need permission if they release the music to the public. They can record them to their hearts content.

[milSSlim]

Thank you.

 

Now they believe me. (believe it or not)

 

Tonight (Friday) is the initial session and everyone is relaxed.

 

...now if only banjo picker gets lost on the way.

[Dave Martin]

You know, a single post on ONE forum (even though it is the correct answer) shouldn't be taken as the ultimate authority...

[Phil O'Keefe]

True that, Dave... but it's possible they got confirmation from other sources too - we really don't know... although I tend to side with your suspicions.

 

Yes, you can record a cover of anything that you want to, and no one can stop you, nor are you breaking any laws. When you try to make money off it, or violate the copyright owner's sole and exclusive rights in any other way, the trouble kicks in.

 

Now assuming that you are going to cover a specific song, or set of songs, and you have the ultimate goal of releasing the project commercially, IMO, NOT getting your licenses lined up first - before going into the studio - is generally not the best of ideas.

 

Not because you're doing anything illegal by actually recording the song, but because if you don't obtain a compulsory license from the copyright holder within thirty days of completion (and before any distribution), you're violating the law. And if you violate that law, the copyright holder doesn't have to issue you a license. And THAT means not only could you be subject to legal action, but all the effort and moolah you spent on that track in the studio is down the drain.

 

Of course, once the paperwork for the copyright stuff is out of the way, you still have accounting and mechanical royalty payments to be concerned with. However, on limited run stuff (2,500 units or less), you can usually get a limited run license pretty easily (and inexpensively) from The Henry Fox Agency in NYC. Actually, IMO Fox should generally be your first destination for your licensing needs.

 

Here's a link to the Henry Fox website.

 

When it comes to this part of copyright law, you might want to check out this link - That's THE definitive source of info on the subject.

 

BTW, I am not an attorney, and the above should not be construed as legal advice. When in doubt about the subject of copyright law, always consult with your attorney.

[milSSlim]

I appreciate the responses I should have waited for the band to get back to me and taken more time with my proof reading before sending that post.

 

Good point Dave, and Phil, you are correct. The band did have other sources and reading this forum was not one of them.

(I now doubt if the entire band can master turning on a tv )

 

I was sort of using the board to vent my frustrations and now, the rest of the story.

 

The band leader's wife called "her sister-in-law" who has done "all this" before and she told her all about it. She even knows "a Harry Fox" that can help them.

 

Sometimes I'm sorry as soon as I say "hello" on the phone.

 

Seems the "sister-in-law" also knows a guy that has a friend that will do the job for a lot less and he can "make their tapes" too, so (my luck keeps getting better:) ) I lost the gig.

 

I wished them luck, thanked them for calling and told them to say "hey" to Harry for me.

 

 

 

Slim