Re: Recorded published songs

From: Oliver, Derric <doliver[_at_]jazz.fantasyjazz.com>
Date: Wed, 30 Jul 97 08:46:33 PST

On 7/30/97, 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.

You are only obligated to contact (and pay a per unit fee based on the mechanical license) the publisher of the song. The artist/record company of the original recording does not have a seat at this card game. Since the song has been recorded/published already, therefore the song does not fall into the 'first use' situation, the publisher MUST allow you to record the song...it's compulsory...but a license must be obtained. The current statutory mechanical rate for a song less than five minutes long is $0.0695 per unit manufactured and sold. This amount does increase for longer play times.

If you are only making a limited number of units (200 or so in a one-time pressing) and are all for promotional use only, the publisher may grant you a 'rate' or grant a gratis license. A 'rate' is any lesser percentage of the current statutory mechanical rate. Many times, if there is a set number of units in a one-time pressing--even if the records are for sale--the publisher may just want you to pay a one-time fee (which many times comes out to less than the current statutory per unit rate.

If you have difficulties contacting the publisher, contact me directly and I may be able to help.

Good luck.

Derric Oliver
<doliver[_at_]jazz.fantasyjazz.com>

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The above does not necessarily represent the views or opinions of my employer. Received on Wed Jul 30 1997 - 15:49:13 GMT