oldenick

I just have a general question about recording. I play in a horn band and we are considering having some professional recording done for a promotional disc. I am wondering if we will have any legal issues since it is a cover band and nothing we play is in the public domain. It is not a for sale product but some how I don't think that matters. If any one with some experience with this kind of thing could chime in I would appreciate it.

Thanks
Nick

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Lawler PS 1
Curry 3c

veery715

Get permission and be safe. While the disk is not for sale, what you are promoting probably is?

v

s.coomer

Be careful what you are doing with recording and even performing. I have just learned that when you buy a piece from the store you still do not have performance rights. Performance rights are only given by people like ASCAP, BMI, etc. If you are performing in public you need to have a license from ASCAP, BMI, etc.

govtmodel

For a Mechanical License contact the Harry Fox Agency

(Harry Fox Agency HFA)

The license covers the recording. The royaltys are per song-copy. You can create an account and get the license in afew hours on-line. Pretty easy

If Harry Fox Agency doesn't represent the copyright holder, contact the publisher directly.

The license is usually around $15/song, the royalty depends on the length of the song.

ASCAP only licenses live performances.

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Richard Ashmore

trumpmac

I don't knoe about the demo. However I read on here (wish I could remember by whom) that when performing covers in public it's up to the venue to pay for and be right with licenses not the players.

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"There are no wrong notes. Just poor choices." Miles Davis

govtmodel

The original question was about making a recording, not a live performance.

ASCAP licenses live performances, and yes, the venue normally obtains the license.

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Richard Ashmore

oldenick

Thanks guys, the venues (bars) we play at are responsible for paying ASCAP. I just want to have some idea what I am talking about before I talk with the band. It is going to be complicated enough, we don't need this stuff coming up in the middle of it.
Thanks again
Nick

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Lawler PS 1
Curry 3c

trumpetfunk

It's not really that complicated, though it can get that way.

Harry Fox cannot license all songs. You may also have to check with Warner-Chappell. They represent Mijac (aka the late Wacko Jacko) who own(s) among others, much of the Beatles repertoire etc..

Both sites have databases. You can research your titles with them so you're clear on who owns the rights. You can even request the license on line.

Specific to what you've asked, you need to have "Mechanical Rights" to distribute (even for free) a copywritten material. If the piece has been published, you do not need permission from the copyright holder. That is, unless you have significantly changed the work from the original "published" version. But you do need to pay for the "Mechanical Rights".

There is a set fee for up to 5 minutes + more if you're version goes beyond 5 mins. There is also a minimum of 500 "units" that you can license.

Complications I've come across are songs which the original artist (sometimes Aretha Franklin and some of the Chicago tunes) are represented privately (ie not through an agency) or where there are more than one registered owners, not represented by the same agency.

You should research your proposed songs. If it is represented by Harry Fox or Warner-Chappell, it's fairly easy. If there's a complicated ownership issue, don't record it or be prepared to do the footwork.

I hope that's fairly clear & informative.

Good Luck.

*disclaimer: I'm no lawyer, only someone who's gone through the process

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oldenick

Sometimes copywrite law seems simple compared to the politics of a 13 piece band

Thanks for the replies

Nick

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Lawler PS 1
Curry 3c

mush-mouth

If this has already been addressed, I must have missed it, but be sure to check with the studio regarding recording copyrighted music. It's possible that they will offer to take care of the "red tape" to get the proper licenses, or at least they might have expertise in obtaining said licencing rights with less of a hassle. If they are an established studio, it's possible they already have lawyers to deal with this stuff, and a "license research fee" (where the studio's lawyers put you in touch with the copyright holders) might be included in your general studio fee. I wouldn't really bet on this though...

If they have no idea, then it's entirely your responsibilily to cover all the bases.