Question re: licensing

Does anyone know what procedure (forms or other) is necessary to grant someone license to use my recorded music? My band has contributed individual songs to various compilations and didn't fill out any kind of forms, but we are working on a new EP and might want to make some sort of arrangement with a label to sell it in foreign markets where we might not be in a position to do so ourselves. So, for example, we are an American band but might want to license our material to a label in Europe or Japan . . . or for that matter, an American label that we aren't directly signed to.

Suggestions?

Well, if you are giving someone (or a company) the right to include a recorded track that you own in a compilation, you might use a master license agreement. That is, you give them the right to use your recording in a specific way, in a specific area (the territory), for specific money. Typically, they will paying for the creation of artwork, manufacturing the product, paying other licensors of the other tracks, and selling the product.

If you own the copyright in the musical composition (the song, as opposed to the recording of the song - you should understand the difference there), then the user also needs to get a compulsory mechanical license from you and pay you statutory fees for use of the song.

Now, if you are considering selling your recorded music through a foreign company, you might be considering a distribution agreement. Here, you might have already created artwork and finished product, and you might give it to the foreign company so that they can sell it more efficiently than you can overseas. In this day of internet promotion across borders and oceans, bands can get popular in far away places. If you own the product and are selling (distributing) it, you may be responsible to pay mechanical royalties to the musical composition copyright owner.

Do not underestimate your inablility to find out how many were manufactured and/or sold, especially if its in a different country than you are, and hence to miss out on getting your fair payment. If you have the ability to raise real interest in foreign markets, you might want to step up your game and find an attorney with some experience. Good luck.

Thanks. Is there some sort of book or website that you know of with a generic master license agreement or compulsory mechanical license form that I could look over? I'm trying to educate myself on these things now, in advance, rather than waiting until I have some sort of deadline.

Inazone, you have a pm.

Got it, thanks!

I'm resurrecting this ancient post, because I see in it, someone ended up with a compulsory mechanical license form via private message. I'm hoping someone knows where I could find one, as I've had a licensing opportunity spring up and want to look totally professional on it.

here is a pdf of Pat Metheny's ...change a few words and voila...

or go through HFA...http://www.harryfox.com/public/FormsLibrary.jsp

DBnewyork *did* send me a link to a PDF back in 2007, but the link is dead now. Go with what Daddymack posted.