lawyer

Using cover song versions legally

The Cover Song Quagmire:

Three Ways to Obtain Mechanical Licenses,

for Legally Recording/Distributing Cover Versions on CD

By Dale Turner (scroll down for bio and CD link)

For many musicians, a considerable amount of "play time" is spent learning other people's songs-either for cover band gigs, wedding performances, or merely to study another artist's work. If this sounds like you, as your repertoire has grown, it's highly likely one or more of those songs has sparked something extra-special inside you. Why not immortalize your efforts by recording some of those magical numbers and putting them on a CD? At the very least, one of those "classic" tracks might be the perfect way to punctuate your next disc!

But before you act, you need to know what steps you need to take to ensure you're protected, and the original songwriter gets his/her due. With this article, we'll take a look at the three primary paths you can take to obtain a mechanical license [a.k.a. Circular 73-Compulsory License For Making and Distributing Phonorecords (PDF) ] to legally release your version of another artist's song. For reality's sake, we'll also include a little"story" to go with it-my personal experience releasing an album comprised of covers-to walk you through this somewhat tricky, time-consuming process. Let the games begin!

Way back in December 2000 I recorded a set of 10 cover songs, intending them to be nothing more than a CD-R Christmas gift for my Mother. Nothing fancy, just a bunch of classic tunes (Beach Boys, Beatles, Queen, etc.) I'd spent some time on months earlier, developing from an "arrangement" standpoint to add to my repertoire, then recorded totally "raw" in my home studio. When the holidays finally hit, needless to say, ma dug my little "stocking stuffer." And as an added bonus, it was a big hit amongst my relatives!

Well, after playing some of these tracks for some of my (thankfully) enthusiastic friends, I was encouraged to take these songs to the next level-offer them as a full-blown, shrink-wrapped CD, available to "quirky cover song" fans. However, though I went the extra mile trying to conceive of unique ways to present these tunes, I wrote nary a note of this music. In order to legally (and ethically) pull this off, I'd have to find out who to pay, credit, and get permission from. With none of my friends involved in publishing or entertainment law, I hadn't the foggiest idea how to go about this.

Enter the Harry Fox Agency, or HFA. After scouring the internet for "ballpark" legal advice, it became clear that the HFA was the central hub of all things relating to obtaining the rights to record and sell copies of songs written by other parties. (NOTE: Outside the US. similar Mechanical Rights agencies exist for Canada. the UK. Europe and elsewhere .) Upon locating the Harry Fox Agency's home page (www.harryfox.com ), I discovered that the HFA (among other things) specializes in the following licensing services:

Mechanical Licensing

(licensing of copyrighted musical compositions for use on CDs, records, tapes, and certain digital configurations)

Digital Licensing