[OutVoice] Doing covers legally

Gordon P. Smith gosmith at nyc.rr.com
Wed Apr 19 15:08:45 CDT 2006


Is it "A Case of You"? Fantastic, I love your cover of that!

We just released a cover, and it was quite the process of discovery, 
beginning just about a year ago! CD Baby is not telling you the whole story, 
they just want to make sure that you do the legally required notification to 
the publisher. You are guaranteed permission to release a cover (the license 
is "compulsory", meaning the publisher must allow it, provided you don't 
significantly alter the song, lyrics, etc.) if you follow the proper 
notification procedure.

However, you still must also pay the mechanical license fees. For that, 
start by going to Harry Fox Agency's web site, http://www.harryfox.com, and 
see if they represent the artist -- do a Songfile search. If they do, then 
it's a piece of cake, you just pay the mechanical license fee up front and 
you're good to go!

Unfortunately, our cover (Lawnchairs) is not represented there. We were able 
to find the song, registration ID and publishing info on ASCAP's site, but 
the address they had for the publisher was years out of date, and our letter 
bounced back. Eventually, after many tortuous months, someone suggested we 
send our letter to the publisher c/o ASCAP's address. Within days I got an 
e-mail from Scott, the copyright owner, giving us permission. I do need to 
send him a regular statement of income (there hasn't really been any, not 
yet) and a check, per CD Baby's instructions. We will follow Harry Fox's 
guidelines to determine the percentage of sales that Scott gets.

I'm hoping our next cover is on Songfile, and that will make everything 
easier!

Good luck Freddy!
Gordon

---------------------------------
RUBBERLEGS
2006 Outmusic Award Nominee for Outstanding New Recording Duo or Group
http://www.rubberlegs.com
http://myspace.com/rubberlegs


----- Original Message ----- 
From: "Freddy Freeman" <freddy at freddyfreeman.com>
To: <outmusic at yahoogroups.com>; <outvoice at outvoice.net>
Sent: Wednesday, April 19, 2006 3:45 PM
Subject: [OutVoice] Doing covers legally



Has anyone put a cover on thier record ? I am planning on including my 
version of a Joni MItchell song on my upcoming CD
and my research has told me that you have to pay fees up front. Other 
sources, like an interview with CD baby, say you can just send a notice of 
intent to record to the publisher and only worry about it if they ask for 
money. I have been told that with the small scale of my project not to worry 
about it at all, while I have also gotten advice to do everything by the 
book. Just wondering what some of your ecperieinces with this are?

Freddy Freeman
Winner of the Stonewall Society 2005 Genre Award for "Steam"
2004 Outmusician of the Year Award Nominee
Promoter of Bearapalooza - a Celebration of Fur in Music
615 -366 - 0145
www.freddyfreeman.com

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