Re: Recorded published songs

On 7/29/97, Mary Pate <pate[_at_]invocon.com> wrote:
>
> I'm not a copyright attorney but I have been approached by a friend
> with a question. Suppose someone wants to make a tape of songs that
> have been previously recorded/published by other artists, but singing
> the songs himself. Who or by what means should he pursue to get
> permission to record those songs himself? Is there a difference if
> he just gives tapes away to people or sells them.

Once a song has been published or used on a phonorecord, it can be recorded on another phonorecord version by anyone else. *However,* either the cover artist has to negotiate a mechancal license from the copyright proprietor of the song (usually the publisher) or rely on the statutory license provisions of the US copyright statute. There are certain restrictions that apply to the cover version but a certain latitude is permissible in interpretation of the song.

IVAN HOFFMAN, B.A., J.D.
Attorney At Law
Lawyering With Integrity (sm)
Copyrights, Contracts, Writing and Publishing Law, Recording and Music Law, Internet Law, Web Design Issues
http://home.earthlink.net/~ivanlove Received on Wed Jul 30 1997 - 13:24:44 GMT