So i covered a song what now?
Old 19th September 2009
  #1
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drethe5th's Avatar
 

Thread Starter
So i covered a song what now?

I covered a song that I thought just to use for promo, giving it away and posting on myspace with no thought of placing it on a project that I plan to release.

Well I had it mixed, liked it, had it mastered, loved it. So of course I want to use it on my release.

I tried to contact HARRY FOX Agency about getting rights usage and clearances. They dont have the song in thier cataloge althought its a huge motown track. Im researching the issue to figure something out.

Now my question is, for future projects, if they (harry fox agency) does in fat have the song in thier catalouge, what type of liscence shoudl I be asking for.

Th tracks have all been replayed and not sampled, and Ive had singers re-record the chorus at times (other times all lyrics were original). Id like to be able to sell the track at some point. So what is my road map for direction in this case ? ? ? ? ?
Old 20th September 2009
  #2
Quote:
Originally Posted by drethe5th View Post
I covered a song that I thought just to use for promo, giving it away and posting on myspace with no thought of placing it on a project that I plan to release.

Well I had it mixed, liked it, had it mastered, loved it. So of course I want to use it on my release.

I tried to contact HARRY FOX Agency about getting rights usage and clearances. They dont have the song in thier cataloge althought its a huge motown track. Im researching the issue to figure something out.

Now my question is, for future projects, if they (harry fox agency) does in fat have the song in thier catalouge, what type of liscence shoudl I be asking for.

Th tracks have all been replayed and not sampled, and Ive had singers re-record the chorus at times (other times all lyrics were original). Id like to be able to sell the track at some point. So what is my road map for direction in this case ? ? ? ? ?
find the publishers here:
ASCAP ACE - Search
and here:
BMI.com | Search

you are clearing the underlying publishing of the song, not the recording itself - this is pretty good info:

Music Copyright Laws. Using cover song versions legally.
Old 20th September 2009
  #3
Moderator
 
narcoman's Avatar
 

Compulsory license. If you haven't changed the arrangement and haven't changed the lyric you may apply for compulsory license through the relevant agency.

You may NOT license the recording out to sync yourself although others MAY contact you about it as long as they clear the publishing themselves.


You may not have it playable on Myspace {etc} without permit.
Old 21st September 2009
  #4
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drethe5th's Avatar
 

Thread Starter
Thank You for the help. Still have an issue though. I went to both the ASCAP and BMI search sites and couldnt pull it up.

The Song is "Outstanding" from the GAP BAND.
But I couldnt find it. I know that Charlie Wilson is one of the writers/ preformers, but nothing poped for that title under his name.

If some one has experience on finding titles, please help. Im willing to do the leg work if youll school me on it. As I said I did check the links you guys provided but got no where.
Old 21st September 2009
  #5
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maxpidge's Avatar
 

Quote:
Originally Posted by drethe5th View Post
in fat have the song in thier catalouge, what type of liscence shoudl
first learn to spell, then learn to write your own song....
Old 21st September 2009
  #6
Quote:
Originally Posted by maxpidge View Post
first learn to spell, then learn to write your own song....
oh c'mon dude - who pissed in your cornflakes this morning - this is a gear board...
Old 21st September 2009
  #7
Quote:
Originally Posted by drethe5th View Post
Thank You for the help. Still have an issue though. I went to both the ASCAP and BMI search sites and couldnt pull it up.
The Song is "Outstanding" from the GAP BAND.
But I couldnt find it. I know that Charlie Wilson is one of the writers/ preformers, but nothing poped for that title under his name.

If some one has experience on finding titles, please help. Im willing to do the leg work if youll school me on it. As I said I did check the links you guys provided but got no where.
first lesson - don't make assumptions, get facts.

second lesson - do your homework.

third lesson - google is your friend.


If you have a physical CD there should be "label copy" which is the credits of the song writers and publishers - start there.

If you don't have a physical CD try to get one - it seems to me a Hit of this size should have a publisher, or publishers that aren't that hard to find... although stranger things have happen...

Also - a little time on Google produces this:

EMI Publishing - the song was NOT written by Charlie Wilson - this is your problem:
Music and Lyrics to the song Outstanding - (12" Club Version) by The Gap Band - Rhapsody Music

this looks like your song...
allmusic
Composed By
Raymond Calhoun

Songwriter/Composer Current Affiliation CAE/IPI # CALHOUN RAYMOND JAMES BMI 73441292
Publishers TAKING CARE OF BUSINESS MUSIC BMI 214805000
Additional Non-BMI Publishers

TAKING CARE OF BUSINESS MUSIC
CAE/IPI #: 214805000
Phone: +44 (207) 289-7281 Fax: +44 (207) 289-2648
Contact: JOHN FOGARTY, DIRECTOR
18 PINDOCK MEWS
LONDON W9 2PY
SONGS@MINDERMUSIC.COM
Minder Music

Minder Music - Selection of main songs covered including Administered Catalogues
"Outstanding"
GAP BAND


Ray Gaskin
II D Extreme
Harquell
Eric Leone
Kid Rock
Marcus Mitchell
Kenny Thomas
Rob Base
Andy Cole
Vesta Williams
Rich Nice
& others

Next time, you'll be able to help someone else.

note the credits
Music and Lyrics to the song Outstanding - (12" Club Version) by The Gap Band - Rhapsody Music
Old 22nd September 2009
  #8
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drethe5th's Avatar
 

Thread Starter
I tried to find it through the suggested bmi & ASCAP searches.
Obviously I had wrong writer/publisher.
No problem with doing the home work, that's why I asked gearsluts rather than jump without a parachute and release it for sale and get in Trouble.

I appreciate the help very much bro.
Thank you again
Old 22nd September 2009
  #9
Quote:
Originally Posted by drethe5th View Post
I tried to find it through the suggested bmi & ASCAP searches.
Obviously I had wrong writer/publisher.
No problem with doing the home work, that's why I asked gearsluts rather than jump without a parachute and release it for sale and get in Trouble.

I appreciate the help very much bro.
Thank you again
you're welcome.

no worries - a little detective work on google and you're all good.
Old 7th December 2009
  #10
bump
Old 4th March 2010
  #11
Gear addict
 

update

Hopefully it worked out four the topic starter in a good way?

I'have a question too.

It's about the same sort of situation as ''Drethe5th'' but with other details:

- What If you rec your voice over a famous Instr. and get it proff mixt bij an engineer/studio's? (
- absolute no intensions for selling or earning money with it. Just for demo material for companies or so.

I mean: Youtube as an example is full of those types now days. Singing over a Instrumental song in front of the camera. What's up with that part when we talk about rights and license and so on?

You somethimes see ''proff''. recorded covers on Youtube, but this are normally private persons, how in gods name can they affort amounts for getting licenses and rights and so on?

What can you do with this type of covers mixers after you've received your final tape?
Old 4th March 2010
  #12
Moderator
 
narcoman's Avatar
 

most of what is on youtube doesn't have a license. Most of it is in breach.... only the legitimate placed videos are legal - all secondary use needs specific sync clearance.... however nobody bothers. Part of the dissolving industry.....

If it never becomes a live project and i used for internal demo only then you really aren't infringing anyone. I think if you sent out loads of copies for work, or hosted it - then yes you WOULD be infringing. But demos? technically not legal but i doubt very much whether anyone would have an issue. It really depends on scale. If you're thinking of getting 500 showreels with this work on though, and giving them away at a trade show - you'll need a license and permit as it would be a cover version and potential derivative work.
Old 14th April 2010
  #13
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drethe5th's Avatar
 

Thread Starter
OK, I was a bit slow getting everything in line, but you guys helped out a bunch, everything you said was on point. I contacted Harry Fox and then the publisher of the song.

Now heres the situation.

The publisher of the original song is saying that they would need to retain %100 ownership and rights and be the only person noted on credits as the writer. They said the song would be treated as a cover with a lyric change. (my 3 entire verses?)

Is that usual and is it fair. I dont intend on going Gold on such a small indie project, but it seems a bit stiff to me. Is this how things usualy work for unsigned artists?
Old 1st January 2012
  #14
Subscribe. Interesting.
Old 2nd January 2012
  #15
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Gary Ladd's Avatar
Quote:
Originally Posted by drethe5th View Post
Is that usual and is it fair. I dont intend on going Gold on such a small indie project, but it seems a bit stiff to me. Is this how things usualy work for unsigned artists?
Yep.

Be happy you're getting a license to use it.

Remember, they don't have to give you permission...
Old 3rd January 2012
  #16
Banned
 

Quote:
Originally Posted by drethe5th View Post
Thank You for the help. Still have an issue though. I went to both the ASCAP and BMI search sites and couldnt pull it up.

The Song is "Outstanding" from the GAP BAND.
But I couldnt find it. I know that Charlie Wilson is one of the writers/ preformers, but nothing poped for that title under his name.

If some one has experience on finding titles, please help. Im willing to do the leg work if youll school me on it. As I said I did check the links you guys provided but got no where.
you should always get the cover rights squared away FIRST !!

you could be in big world of hurt swimming in deep doodoo
if you release it without the rights being squared away
Old 3rd January 2012
  #17
Banned
 

Quote:
Originally Posted by drethe5th View Post
I tried to find it through the suggested bmi & ASCAP searches.
Obviously I had wrong writer/publisher.
No problem with doing the home work, that's why I asked gearsluts rather than jump without a parachute and release it for sale and get in Trouble.

I appreciate the help very much bro.
Thank you again
do you know how to use google yet ?

maybe that is the question you should have asked.

rack gear deserves the angel of the year award for doing all your work for you.
Old 3rd January 2012
  #18
Banned
 

Quote:
Originally Posted by drethe5th View Post
OK, I was a bit slow getting everything in line, but you guys helped out a bunch, everything you said was on point. I contacted Harry Fox and then the publisher of the song.

Now heres the situation.

The publisher of the original song is saying that they would need to retain %100 ownership and rights and be the only person noted on credits as the writer. They said the song would be treated as a cover with a lyric change. (my 3 entire verses?)

Is that usual and is it fair. I dont intend on going Gold on such a small indie project, but it seems a bit stiff to me. Is this how things usualy work for unsigned artists?
that is your deal
and how they are dealing with you

someone else may deal differently

be glad you got anything

next time get the clearance FIRST
Old 8th January 2012
  #19
Gear maniac
 
anna_britbass88's Avatar
 

I'm working on a cover of Day in the Life w/using only sampled dog barks and cat meows, will I still need permission if I sync it up w/a random childbirth video montage (just the mothers faces) on YouTube?
Old 8th January 2012
  #20
Quote:
Originally Posted by anna_britbass88 View Post
I'm working on a cover of Day in the Life w/using only sampled dog barks and cat meows, will I still need permission if I sync it up w/a random childbirth video montage (just the mothers faces) on YouTube?
yes, of course, why wouldn't you?

also, do you own the samples of the dog barks and cat meows?

if you have sampled the dogs and cats have the they signed the appropriate releases?



not to be confused with:
Acoustic Kitty - Wikipedia, the free encyclopedia
Old 8th January 2012
  #21
Gear Guru
 
Kenny Gioia's Avatar
 

Quote:
Originally Posted by drethe5th View Post
OK, I was a bit slow getting everything in line, but you guys helped out a bunch, everything you said was on point. I contacted Harry Fox and then the publisher of the song.

Now heres the situation.

The publisher of the original song is saying that they would need to retain %100 ownership and rights and be the only person noted on credits as the writer. They said the song would be treated as a cover with a lyric change. (my 3 entire verses?)

Is that usual and is it fair. I dont intend on going Gold on such a small indie project, but it seems a bit stiff to me. Is this how things usualy work for unsigned artists?
Unfortunately they don't have to budge on these things.

Check out the Rolling Stones and The Verve situation. And they got permission and an agreed upon deal.

Good luck
Old 8th January 2012
  #22
Gear maniac
 
anna_britbass88's Avatar
 

Quote:
Originally Posted by rack gear View Post
yes, of course, why wouldn't you?

also, do you own the samples of the dog barks and cat meows?

if you have sampled the dogs and cats have the they signed the appropriate releases?
lol - you're a good sport, that is the wackiest shite I have ever thought of.
Old 9th January 2012
  #23
Banned
 

Quote:
Originally Posted by anna_britbass88 View Post
I'm working on a cover of Day in the Life w/using only sampled dog barks and cat meows, will I still need permission if I sync it up w/a random childbirth video montage (just the mothers faces) on YouTube?
of course
you need permission for all the pieces

and the cats own the performance rights to the meows
so better get their agent to sign a contract to use them
Old 9th January 2012
  #24
Gear maniac
 
anna_britbass88's Avatar
 

time for a power lunch w/legal to sort this all out - if I get all my clearances we're going to push for a summer release - I smell HIT!!!
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