The No.1 Website for Pro Audio
 Search This Thread  Search This Forum  Search Reviews  Search Gear Database  Search Gear for sale  Search Gearslutz Go Advanced
Cover song questions Single-Channel Preamps
Old 14th September 2011
  #1
Lives for gear
 
The Beatsmith's Avatar
 

Cover song questions

Hi guys

I've been researching what needs to happen in order to legally release a cover song on an album where the rest of the material is original. I understand that in the UK, the original songwriter takes all the PRS, and the performer gets the PPL.

I also understand that you do not need a pay for a licence for digital distribution (according to the phone call to MCPS just now).

In order to press CD's however, you have the following 'clause' when getting a mechanical licence (AP2 form) from MCPS to use the song:

Costs
8.5% of Published Dealer Price (PDP), or if unavailable, 6.5% of Retail Price (RP). This is then multiplied by the number of copies shipped. Customers who qualify for AP1 pay quarterly in arrears. Customers on AP2 pay before manufacture. The charge is reduced proportionately if any of the music on the CD/LP is in the Public Domain or is non-MCPS repertoire.

Does this mean that if you have an album with 10 songs on it - one of them being the cover song - the other 9 original, do you pay 6.5% of 1/10th of the whole CD sale, or 6.5% of the entire CD's sale?

So if you're CD is retailing for £10, do you pay 6.5p per CD, or £6.50?

Or have i grossly misunderstood things?!

I realise that this is paid before you press the CD's - you 'buy' a licence to press 1000 CD's. If you're lucky enough to need to press more, then you buy a licence for another 1000, and so on.

Thank you - please correct me where i'm wrong!

I'm off to investigate how this will work around the world - harry fox, etc. I assume that you need to sort this for every country that the physical CD is distributed, and there may be different licensing issues/laws in different countries - quite a nightmare!

Cheers!
Old 14th September 2011
  #2
Lives for gear
 

Quote:
Originally Posted by The Beatsmith View Post
Hi guys

I've been researching what needs to happen in order to legally release a cover song on an album where the rest of the material is original. I understand that in the UK, the original songwriter takes all the PRS, and the performer gets the PPL.

I also understand that you do not need a pay for a licence for digital distribution (according to the phone call to MCPS just now).

In order to press CD's however, you have the following 'clause' when getting a mechanical licence (AP2 form) from MCPS to use the song:

Costs
8.5% of Published Dealer Price (PDP), or if unavailable, 6.5% of Retail Price (RP). This is then multiplied by the number of copies shipped. Customers who qualify for AP1 pay quarterly in arrears. Customers on AP2 pay before manufacture. The charge is reduced proportionately if any of the music on the CD/LP is in the Public Domain or is non-MCPS repertoire.

Does this mean that if you have an album with 10 songs on it - one of them being the cover song - the other 9 original, do you pay 6.5% of 1/10th of the whole CD sale, or 6.5% of the entire CD's sale?

So if you're CD is retailing for £10, do you pay 6.5p per CD, or £6.50?

Or have i grossly misunderstood things?!

I realise that this is paid before you press the CD's - you 'buy' a licence to press 1000 CD's. If you're lucky enough to need to press more, then you buy a licence for another 1000, and so on.

Thank you - please correct me where i'm wrong!

I'm off to investigate how this will work around the world - harry fox, etc. I assume that you need to sort this for every country that the physical CD is distributed, and there may be different licensing issues/laws in different countries - quite a nightmare!

Cheers!
I think you are confused.



Posted from a scoring stage or recording studio via the Gearslutz iPhone app
Old 14th September 2011
  #3
Lives for gear
 
The Beatsmith's Avatar
 

There's no doubt that i am - if i wasn't i wouldn't be posting the question heh

Please set me straight!

Thank you
Old 14th September 2011
  #5
Moderator
 
narcoman's Avatar
 

Quote:
Originally Posted by The Beatsmith View Post

Costs
Does this mean that if you have an album with 10 songs on it - one of them being the cover song - the other 9 original, do you pay 6.5% of 1/10th of the whole CD sale, or 6.5% of the entire CD's sale?

So if you're CD is retailing for £10, do you pay 6.5p per CD, or £6.50?
Correct. If you have ten songs and one is published.

Quote:
Originally Posted by The Beatsmith View Post
I realise that this is paid before you press the CD's - you 'buy' a licence to press 1000 CD's. If you're lucky enough to need to press more, then you buy a licence for another 1000, and so on.
Correct
Old 15th September 2011
  #7
Lives for gear
 
The Beatsmith's Avatar
 

Quote:
Originally Posted by narcoman View Post
Correct. If you have ten songs and one is published.


Correct
Thanks narcoman! On the first point - which is it - 6.5% of 1/10th of the costs, or 6.5% of the retail price of the entire album? I'm pretty sure it's the former, but just want clarification.

I was also extra-confused originally because i was told by a PRS representative that if the song covered is a 'big hit' (which this cover is), that there may be a pretty big 'up front fee', and that you have to contact the publisher and negotiate this. I haven't read this anywhere else.

Anyway, i'll get reading on those links above! (Some of which i have read on here, btw)

Cheers!
Old 15th September 2011
  #8
Moderator
 
narcoman's Avatar
 

Quote:
Originally Posted by The Beatsmith View Post
Thanks narcoman! On the first point - which is it - 6.5% of 1/10th of the costs, or 6.5% of the retail price of the entire album? I'm pretty sure it's the former, but just want clarification.

I was also extra-confused originally because i was told by a PRS representative that if the song covered is a 'big hit' (which this cover is), that there may be a pretty big 'up front fee', and that you have to contact the publisher and negotiate this. I haven't read this anywhere else.

Anyway, i'll get reading on those links above! (Some of which i have read on here, btw)

Cheers!
6.5% of the entire album shared out between ten songs. As one song is published you only pay on that tenth. There may indeed be an up front fee - it depends on the project details - but this is usually for using an original master so is more a label thing than a publisher thing.
Top Mentioned Products
Thread Tools
Search this Thread
Search this Thread:

Advanced Search
Forum Jump
Forum Jump