you may be able to use a compulsory license whereby you don't ask for the publishers permission to make the recordings or negotiate fees. you have to send a "Notice of Intention to Obtain Compulsory License for Making and Distributing Sound Recordings" at least 30 days prior to distributing the recordings (the sooner the better no matter what stage you're at). the publisher can't prevent recording of songs if:
1.. the work was previously published (released recording) 2.. the basic melody and character of the work in not changed 3.. w/30 days as described above 4.. pay statutory rates (I believe it is going up to $0.85 January 04).compulsory licenses are used only for music sound recordings. not good for websites, video, etc., *note this is not good for the text of the song reproduced on the album jacket, thats a separate thing. You can find a straight ahead no frills notice in Nolo Press "Getting Permission"
good luck, Kathleen Williamson,
musician and attorney, Tucson, Arizona
I am having great difficulty locating a model agreement for sound recording licensing. My client is a "record" company that wants to license songs from independent musical acts. The mechanicals for the underlying songs will be paid through Harry Fox. Any input from the collective as to where to procure such a document would be greatly appreciated.
Mike Phillips Received on Tue Nov 04 2003 - 00:55:36 GMT
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