Comments on: Recording, Releasing, and Performing Cover Songs

By: Gilead Stone

Gilead Stone — Wed, 08 Feb 2012 21:07:09 +0000

Is it possible for the artist covering the songs to get their own royalties? In other words:
If an artist covers a song – and gets tons of airplay; how do they get royalties? Of course they get paid thru their own record sales and downloads but what about airplay?

By: Nick Rosaci

Nick Rosaci — Tue, 07 Feb 2012 23:59:09 +0000

That would still be a yes. You could always ask the copyright holder if you could get the music at a discount, I believe, but it’s entirely up to them. After all, they put a lot of work into their music.

You should also probably get some official legal answers before trusting us, too. We are musicians, not lawyers.

By: Morton

Morton — Tue, 07 Feb 2012 19:17:51 +0000

On top of that, our company is a federal registered 501c3 non-profit. Does this make any difference?

Or do I still need to get a sync license from the publisher?

By: Cameron Mizell

Cameron Mizell — Tue, 07 Feb 2012 04:18:00 +0000

If it’s the promo is a video, you (or the person making the promo) will have to license it from the publisher. A compulsory license as discussed in this article does not cover use with video.

Think about instrumental songs in a car commercial. The product has nothing to do with music, but the songwriter, publisher, and owner of the recording are all due royalties.

By: Morton

Morton — Tue, 07 Feb 2012 02:16:07 +0000

I am looking to do a cover of a song that will appear in a promo that is only 1 min and 30 seconds long (just a portion of the song).

Additionally, the cover will only be the instrumental of the song and will NOT include the lyrics.

Do I then need to purchase a license for this? The promo is to sell products completely unrelated to the music.

By: chiko

chiko — Sat, 21 Jan 2012 19:43:53 +0000

If you purchase a prepaid digital license via harry fox agency which covers USA, do you also have to purchase a license for Canada, UK etc… for everywhere your song may be purchased?

By: Cameron Mizell

Cameron Mizell — Sat, 07 Jan 2012 21:30:12 +0000

Sampling requires an entirely different type of licensing, because you’re using a recording that is owned by somebody else.

The compulsory license discussed in this article is for the underlying composition.

When remixes are created, they are either commissioned by the owner of the original recording, or the remixer pays royalties for the samples.

By: Santiago

Santiago — Sat, 07 Jan 2012 18:24:15 +0000

Can this rule be applied to sampling or is that a whole other subject on its own. If I could sample music and just pay royalties via CD Baby or Itunes that would be awesome!

By: Bradley Madsen

Bradley Madsen — Sat, 07 Jan 2012 14:14:24 +0000

I’m no expert, but it has always been my understanding that melody and lyrics are copyrighted, and if you use either you need to pay royalties. Chord progressions are not, however, which is why it was common for jazz musicians to write new melodies to favorite progressions (such as rhythm changes).

By: Santiago

Santiago — Sat, 07 Jan 2012 10:21:10 +0000

I have read and read and it seems that the questions closest to mine are never really answered unless I just missed it, in which case I apologize, but here it is. I operate an upstart indie label with some great song writers. We don’t mind paying royalties if needed. Just want to know without a doubt if this is in fact necessary if we only use the music and not the lyrics as we all write our own original lyrics. The delivery of the songs also do not resemble the original song. This is common in Rap/HipHop and are known as a “remix.” However, I am working with RnB artists.