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Q: Music Ownership Rights ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: Music Ownership Rights
Category: Business and Money > eCommerce
Asked by: knowser-ga
List Price: $25.00
Posted: 26 Mar 2005 08:49 PST
Expires: 25 Apr 2005 09:49 PDT
Question ID: 500707
I need to include soundbites from popular songs in the software
application that I'm developing for mass market commercial use and
distribution via the Internet.  Please provide explanation on how can
I legally do so without violating the respective content ownership
rights of the composer, artist, record label, etc.
Answer  
Subject: Re: Music Ownership Rights
Answered By: wonko-ga on 01 Apr 2005 13:38 PST
Rated:4 out of 5 stars
 
Depending on the precise nature of how you intend to incorporate the
songs into your software application, as well as whether or not you
intend to physically produce the software on CDs as well is offering
it for download, you will need one or more licenses.  Software only
distributed by Internet download is typically covered by a "new media
license."  If the software will be burned on a CD or other physical
medium, you will need a mechanical license.  These licenses cover the
underlying musical composition.  If you are intending to use a
specific recording of a song, then you must obtain a master use
license from the record label that owns the sound recording.

Considerable information and a list of contacts for obtaining licenses
can be found below, along with an example of some of the criteria
commonly used to determine license fees.

Sincerely,

Wonko

"Music Clearance & Licensing" Signature Sound
http://www.signature-sound.com/11quest.html

"Licensing 101" SoundExchange http://www.soundexchange.com/licensing101.html

Here is an example of some of the factors that can be included in a
licensing agreement and pricing:

"License Music for Video Game or other Software use" Magnitune in
http://magnatune.com/artists/license/game?artist=Andreas+Haefliger&album=Mozart+Piano+Sonatas&genre=Classical

Request for Answer Clarification by knowser-ga on 03 Apr 2005 16:56 PDT
Thanks, good start. I can now see that I indeed need to license the
song piece for the use that I have in mind: a background music for an
animated greeting card (flashcard) service. To qualify for a five star
answer, please provide the following additional info: from where on
the Internet can I obtain appropriate licenses for the background
music for my animated greeting cards (flashcard) service? I will tip
generously for a quality answer that can save me time on doing
research on my own. For extra credit and tip, in addition to the
above, please locate for me specifically where and how can I license
the music by Cole Porter (in any recording). Thank you.

Clarification of Answer by wonko-ga on 03 Apr 2005 21:36 PDT
Based on the following press release, you can get a "new media
license" or "mechanical license" from The Harry Fox Agency, Inc. for
"Night and Day" by Cole Porter.  Other Cole Porter songs are also
available from  The Harry Fox Agency, Inc. as well.  For a specific
recording, you would also need a "master use license" from the record
company publishing that recording.

"The Harry Fox Agency Hits 5 Million License Mark" The Harry Fox
Agency, Inc. (February 19, 2004)
http://www.harryfox.com/public/pressrelease040219.jsp

Search here for all Cole Porter songs:

"Limited Quantity Licensing" The Harry Fox Agency, Inc.
http://www.songfile.com/limited_license_search.html

Here is information on how to open an account:

"Mechanical Licensing" The Harry Fox Agency, Inc.
http://www.harryfox.com/public/licenseeServicesMechanical.jsp

It looks like e-LicenseClub manages the master use licenses for many
recordings of Cole Porter songs:

"Song Search" e-LicenseClub.com
http://www.elicenseclub.com/elc/song_search/searchresult.jsp?searchDescription=Source%3A+Quick+Search%3B+United+States%3B+All+Songs%3B+Songwriter%3B+Keywords%3A+%3Cb%3Ecole+porter%3C%2Fb%3E&entityId=2474210418&entityType=1&view=songs&entityName=Porter%2C+Cole&wcmsid=UQARCOVEGK4TY0RSLRXCXOY

Please contact them directly before you buy anything so that you know
you are getting the right thing:

"Warner/Chappell Music, Inc. 
10585 Santa Monica Boulevard
Los Angeles, Ca 90025-4950
phone: 310-441-8600
fax: 310-470-1587"

"Help:FAQ" e-LicenseClub http://www.elicenseclub.com/elc/wcm_help/helpfaq.jsp

I hope this information is helpful.

Wonko

Search Terms: "Cole Porter" music license

Clarification of Answer by wonko-ga on 03 Apr 2005 21:39 PDT
Note that The Harry Fox Agency recommends getting the master use
license first before the mechanical license.

"General Information" The Harry Fox Agency, Inc. (2005)
http://www.harryfox.com/public/FAQ.jsp

Sincerely,

Wonko

Request for Answer Clarification by knowser-ga on 04 Apr 2005 15:05 PDT
Is there any information specific to the use of a snippet of a song as
a background music for animated greeting cards (flashcards)?

Clarification of Answer by wonko-ga on 04 Apr 2005 21:31 PDT
Snippets still require licenses.  Whether you would be eligible or not
for a reduced royalty rate I do not know.  My searching did not turn
up anything except to confirm that snippets need to be licensed.  I
suggest you contact Warner/Chappell Music, Inc. and The Harry Fox
Agency, Inc. for specific information regarding your project.  I am
sure they could give you specific guidance.

Sincerely,

Wonko
knowser-ga rated this answer:4 out of 5 stars and gave an additional tip of: $15.00
The answer didn't specifically addressed all of my questions. This is
very well may not be a researcher's fault, there simply not enough
material on the web. Still, cannot give you five stars, but will tip
as promised.

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