I'll be your official "looker upper".
Here's the data I was talking about. Don't forget about permission to use the Karaoke Version or getting your own background recorded.
What if I have my OWN version of a song (cover song) and I want to put it on my CD?
Any artist/band has the right to record and release their own version of any previously released song they like. By law, the original writer/publisher of the song has to grant a compulsory mechanical license to the artist/band that wants to cover the song. The artist/band covering the song must pay a fee of 7.55 cents per song per copy manufactured to the original publisher/writer of the song. This is done through
www.songfile.com, a division of the Harry Fox Agency (an agency that represents and administers mechanical licenses for publishers).
For example, if your band has a cover of "You Really Got Me" by The Kinks, you need to pay the compulsory mechanical license fee of 8 cents per copy you manufacture to the publisher/writers of that song.
So say you have two cover songs on your CD, and you are making 2000. Here's what you need to pay:
8 (cents) x 2 (songs) x 2000 (copies) = $320.00
You should be able to find and get the license for most songs on
www.songfile.com.
If your request comes up as "unavailable for licensing", all that means is that the Harry Fox Agency does not represent that particular publisher/songwriter. You will need to seek out the publisher of the song (just look in the credits) and contact them, telling them you need a compulsory mechanical license for a song and who do you need to send the check to? Once again, they HAVE TO grant the license by law.
Identify the song you wish to license:
1. Access Songfile via the Internet at
www.songfile.com2. Using the song search engine, on the Songfile home page, enter the title of the song you wish to license.
3. Select the song, from the search results, by "clicking" on the bull's eye.
Several yellow buttons will appear on the top right of your screen.
Select the LICENSE button.
4. Select "Make a Recording" from the "WHAT LICENSE DO YOU NEED?" page.
Complete the license request application:
5. Answer the four (4) questions on the "Make a Recording" page and submit.
6.The "Mechanical License Request – Restricted Quantities" screen requires you to complete information pertaining to your use of the song.
- Fill in the information for your artist, album, and label.
- Play time should relate to the duration of the song you are licensing.
- "Number of recording" must be within the allowed range (currently 500 - 1000).
- Select the configuration being manufactured.
- Digital download recordings are not available for licensing.
- Continue your request.
7.The next screen is the second part of the previous screen.
- Complete the address and contact information on the next screen. This is very important in the event that we need to reach you. Please be certain that your e-mail address is correct. This will be used to confirm your request and send you the license.
- Fill in all the information in the Payment Information section.
- PLEASE NOTE THE DOLLAR AMOUNT THAT WILL BE CHARGED TO YOU BEFORE YOU CLICK ON "PROCESS ORDER."
8.The following screen will give you the option of continuing if you need additional Mechanical Licenses. If you are licensing more than one song during the same session, the system will retain important information you entered previously, as well as your personal and encrypted credit card information. This will save you the time from re-entering your information.
If the publisher/writer is represented by Harry Fox, you will be able to obtain the license immediately by giving them a credit card number (don't worry, it's safe, we've done it a bunch of times). Make sure you print out the license, we will need it for the manufacturer.
If you don't know who the original publisher or writer of the song is, or if you don't know how to get ahold of them this is what to do:
If the song was written AFTER 1978, go to
www.loc.gov/copyright and do a search under Documents & Registration.
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Here is Fair Use in your context but it really isn't important. Fair use just means you can do it, it dosn't mean you can do it for free:
Under Federal Copyright law, the owner of a copyright has certain exclusive rights to the use of their copyrighted works, including the right to make derivative works - works that are based upon or use elements of the original, but incorporate new elements or changes.
One exception to this exclusive right has been the right of others to use part of the work for purposes of criticism, comment, news reporting, teaching, scholarship or research which would be considered a "fair use." Such fair use has traditionally included the right to parody or satirize the original work as such use has a public benefit of comment and criticism, and because the parody, generally, does not compete with the original, as it appeals to a different audience. (There is a very important case involving 2 Live Crew that backs up musical fair use).
