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SurfGuitar101 Forums » Recording Corner »

Permalink Advice on Cover Songs for Legal Eagles

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About 60% of what my recordings are cover tunes from the 60s-70s rock archives. I'm starting to get some action on YouTube but now I want to take the next step and commit some $$$ to having a 'real' single made and shopping it around to Double Crown or other likely labels.
What obvious things should I do to avoid getting my roof sued off of me?
Signed, Nervous

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

When you have an album pressed, there are forms you fill out that cover the licensing fees. The company you get it pressed from will provide you with the licensing fee form when the time comes.

Last edited: Nov 05, 2014 12:31:40

So this would be the studio pressing the discs not the label distributing the album?

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

If you have a label at that time, the label will fill out a form provided to them by the company pressing the album.

This sounds a step or 2 beyond where I am. I have the recordings from my home studio and a studio that will tweak it and make copies. Am I describing a demo?

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

Syndicateofsurf wrote:

This sounds a step or 2 beyond where I am. I have the recordings from my home studio and a studio that will tweak it and make copies. Am I describing a demo?

What is a studio? And what medium are they making copies on? Will you be selling the copies? If you aren't selling them then you don't have to worry.

And a demo is a frame of mind. If you intend them to be the final product you are happy with, then it isn't a demo. If you intend to you them for demonstration of what you sound might be, then it is a demo.

Thank you for your insights. Recording more in a few minutes. To be continued.

PS I'm happy with my sound- some variation in volume song to song but other than that it's sweet (to me).

https://www.youtube.com/watch?v=MCdSS82bEjE&list=UU7wMlIIO39mMU2Dz9BFZ6mQ

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

I think "technically" you're not supposed to post covers of songs on YouTube without having the rights to reproduce them...but obviously many tunes slip through the cracks and the worst thing to happen will probably be that your vids will be pulled.

I think Jake is incorrect on not selling the copies too. Again, you need to pay royalties for each copy produced (sold or given away free) for each cover song...from the Harry Fox Agency:

"If I'm making only a few copies/giving the CDs away/not making much money. Isn't that "fair use"?
Making a limited number of copies or giving away CDs is not "Fair Use". Unless you are creating recordings that are covered under the fair use section of the U.S. Copyright Act , you need to obtain licenses for your recordings regardless of whether or not you are selling them.

"Fair Use" is a limitation on the rights granted under U.S. Copyright Law that allows reproduction of a copyrighted work for certain purposes, such as criticism, news reporting, teaching, and research. Fair use doesn’t include small quantity recordings made for or by charity or religious organizations; nor does it exempt recordings that are distributed without charge. The distinction between "Fair Use" and infringement is often not clear and it may be advisable to consult an attorney. Willful copyright infringement can carry statutory damages up to $150,000 per infringement. "

You can license the songs through HFA. http://www.harryfox.com/find_out/aboutus.html

Assuming you're just doing a single with 100 to 300 copies, it really doesn't cost that much to license the music and CYA! We licensed Channel 9 (AKA 'hopscotch' by the Challengers) for our CD. I think we made 200 copies and it was only around $30 total...and about half of that was for handling/service charges and not royalties. If you're doing two or more songs it wouldn't be much more expensive.

www.apollo4.com

That really surprises me Scot!

And yes, you are technically not supposed to post covers on youtube. Youtube does pay out royalties if they know what the music is/who the songwriter is.

Your best bet, especially if you're a "little guy", is to get a license through the Harry Fox Agency.

Youtube is kinda hilarious, since they built their platform on illegally posting copyrighted videos by established artists (like Prince, eh?). Now (since being bought by Google and probably being sued their pants off by Prince) they 'pay' royalties, but I'm curious what those rates are like and if they actually do pay on a regular basis.

(defunct) Thee Jaguar Sharks

Plus! Other stuff not surf: https://soundcloud.com/jamesmileshq
Enjoy every minute

Surfmole is correct. You must get a license if you are reproducing a cover, whether selling or giving them away. And no, it is not that expensive for small runs. In Canada it is about $35 per song for 500 reproduced copies.

Rev

Canadian Surf

http://www.urbansurfkings.com/

Last edited: Nov 05, 2014 19:19:48

So glad I joined the good guys at SG101. I will spend the rest of my life thanking you all- and not from the inside of a debtor's prison cell. I will hop on the assignment list you've given and start down the road towards becoming an honest man.

In Surf,
The Syndicate of Surf

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

If you expect fewer than 2500 per song you can do it at Songfile ... http://www.songfile.com. Otherwise it's through the Harry Fox Agency.

Thanks. I now have the myriad of sites and services and flaming hoops lined up on my desktop.

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

I think the Harry Fox agency is the least expensive (even for a short-run). I shopped around and went with them when we licensed our cover tune.

www.apollo4.com

You guys are the best. Here's what I found out from HFA: (bold type mine)
"Do I Need a License to Use Music in
My YouTube Video?"
Yes, but...

A video with music contains three copyrights: the video images, the sound recording, and the underlying song composition (music publishing rights). In a video where you are performing a cover song, you might control the copyrights to the video images and sound recording but don’t control the music publishing copyrights. To use the song composition, you need to negotiate a synchronization license directly with the music publisher.

However, many music publishers have entered into license agreements with YouTube permitting the use of the songs they control in exchange for a percentage of any advertising revenues (although in some cases the publisher may set a policy that a particular song is blocked from use). As a result, in most cases, YouTube has already obtained an agreement with the music publisher. To determine whether or not a publisher is participating in an agreement with YouTube, please contact the publisher directly. Publisher contact information may be found at ASCAP or BMI.

So I'm not going to sweat the U-Tube issue. Chances are I'm legal.
As to when I burn the disks for sale I will use Harry Fox. Now, everybody SURF!!!

Da Vinci Flinglestein,
The quest for the Tone, the tone of the Quest

The Syndicate of Surf on YouTube

http://www.syndicateofsurf.com/

http://sharawaji.com/

http://surfrockradio.com/

Last edited: Nov 07, 2014 10:58:17

this a is a really interesting topic... thanks for suggesting agencies to use and informing on what it costs.

i too thought if you gave the music away for free (or promotion) that you did not need to pay anything... now i know!

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