Hi beauregard:
Certainly, you can call me "web" if you want. :-)
It is honorable of you not to want to dump this copyright issue into
the artist's lap. And smart - as your recording business grows (which
I certainly hope it does) you are very likely to have to learn how to
handle these things eventually.
Let me share with you some of what I've found so far. Then, once
you've read through that, you can tell me whether you need any further
clarification and we can proceed from there. I believe that for
questions such as this, a back-and-forth method works best.
By far the following is the best webpage I found about licensing for
cover songs recorded on a commercial CD. It is anecdotal, clear, and
covers several of the possible pitfalls/issues that are likely to
arise for the majority of first-timers.
The Cover Song Quagmire: Three Ways to Obtain Mechanical Licenses for
Legally Recording/Distributing Cover Versions (by Dale Turner)
URL: http://www.vocalist.org.uk/recording_cover_songs.html
Please read through that webpage and go to some of the links it recommends.
After reading that, it will become apparent that what you need for
this particular artist is Mechanical Licenses for the songs she wishes
to cover. The following document lists out some valuable information
of Mechanical Licenses:
The Independent Artists Recording Guide
URL: http://www.summitsound.com/ftp/RecordingGuide.pdf
Note: Go to pages 19-20, "Securing Mechanical Licenses".
*If* you run into interference with authorities who seemingly want to
deny you license to cover certain songs, the following page gives
details about "compulsory licenses":
Must you get permission to record someone else's song?
URL: http://www.straightdope.com/classics/a1_324b.html
Quote: "However, in the rare event that negotiations fail, the
copyright laws contain provisions for a type of mechanical license
called a 'compulsory license,' which, in effect, give anyone the right
to record any song he or she wants to, as long as notice is given to
the song's copyright owners within 30 days after the recording is made
and before it is distributed. Compulsory licenses were written into
the copyright laws in 1909 in an attempt to break up a monopoly in the
piano-roll industry--an industry which has since been pretty well
broken up, period. So why negotiate at all? Mainly because the law
dictates higher royalty rates and stricter payment schedules for
compulsory licenses than you can obtain with the negotiated kind."
What is and what isn't in the "public domain" is a trickier issue. The
rules and regulations for this change from country to country
depending on where it was copyrighted and where you are publishing.
The simple rule of thumb for publishing in the U.S. is that if the
song was written in 1922 or earlier, it is public domain and no
licensing is required.
An excellent web resource for determining public domain material is:
Public Domain Music
URL: http://www.pdinfo.com/
Quote: "A reference site to help identify public domain songs and
public domain music . . . royalty free music you can use anywhere and
any way you choose . . . performance, sing-along, film, video,
advertising, business, or personal."
Go to the Public Domain Song List at:
Public Domain Music List with Original Copyright Dates
URL: http://www.pdinfo.com/list.htm
and click on the letter "B" for Brahms:
B
URL: http://www.pdinfo.com/list/b.htm
If you scroll down, you'll see that all works of Brahms are indeed in
the public domain. However, the disclaimer at the top of the page
needs to be heeded:
"This list is intended only as a help in researching public domain
materials. Inclusion on this list is NOT sufficient documentation
that music is in the public domain. Even if a song is PD, there may
be arrangements of the song still under copyright. You MUST work from
a published copy of the item with a copyright date old enough to
qualify the item for public domain status."
If you go to the page for "S" and scroll down, you'll see that "Send
in the Clowns" is not listed - as was to be expected.
Despite the fact that you want to take care of the licensing for the
covers your artist is going to include on her CD, it would still be
wise to look out for the interests and (legal) safety of your studio
as well. The following links might give you some ideas on this front:
WHAT ARE THE MAIN DEAL POINTS IN A RECORDING STUDIO AGREEMENT?
URL: http://law.freeadvice.com/intellectual_property/music_law/recording_studio_agreement.htm
Quote: "If a recording studio agreement is being considered, there are
certain key issues that should be addressed and clarified."
Note: This is written from the artist's point of view, but the
insights are useful for the studio too.
Before You Order
URL: http://www.mmsdirect.com/cass_b4.php
Note: Read section 2, "Look after copyright & licensing issues", for
some valuable insights on what to require of any artist re copyright.
Search Strategy (on Google):
* "recording covers" music copyright
* music copyright laws
* "mechanical licensing"
* "mechanical licensing" cover
* "mechanical license" cover responsibility studio artist
* "mechanical license" cover "recording studio"
* "copyright law" "recording studio"
* "recording studio" laws
* "compulsory licenses" music
* music "public domain"
I hope this helps! Please, ask for clarification if you need any.
websearcher (a.k.a. web) |
