There are some really great songs out there and you can record any of them if you so choose. However there is a process you must go through. The important thing to remember is , respect the composer. Professional writers work hard at their craft and deserve to be compensated. If you do record a cover, do it the right way, pay the composer a fair royalty. Remember, we're in this together, so let's play in the sand box like good little boys and share our toys.
In general, the right to record somebody else's song is called a "mechanical license," and usually it's negotiated in a routine manner between representatives of the copyright holder and the would-be cover artiste. (Outfits like The Harry Fox Agency in New York generally handle the publisher's side.) However, in the rare event that negotiations fail, the copyright laws contain provisions for a type of mechanical license called a "compulsory license," which, in effect, give anyone the right to record any song he or she wants to, as long as notice is given to the song's copyright owners within 30 days after the recording is made and before it is distributed. Compulsory licenses were written into the copyright laws in 1909 in an attempt to break up a monopoly in the piano-roll industry--an industry which has since been pretty well broken up, period. So why negotiate at all? Mainly because the law dictates higher royalty rates and stricter payment schedules for compulsory licenses than you can obtain with the negotiated kind.
But hey, you say, I've just written a couple of can't-miss tunes that I'm sure will rocket to the top of the charts as soon as I can get them recorded. Do I now have to worry that music industry vultures will steal them before I can make my pile? NO WORRIES. The composer's one inalienable right is to decide who will record his song first.
MECHANICAL ROYALTY RATE CHART
he statutory mechanical royalty rate for physical recordings (such as CDs) andpermanent digital downloads is:
9.10 Cents per copy for songs 5 minutes or less
or
1.75 Cents per minute or fraction thereof, per copy for songs over 5 minutes. *For example:
5:01 to 6:00 = $.105 (6 x $.0175 = $.105)
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225)
7:01 to 8:00 = $.14 (8 x $.0175 = $.14)
The statutory mechanical royalty rate for ringtones is 24¢ per copy.
The rates for interactive streams and limited downloads are determined by a number of factors. These include service offering type, licensee type, service revenue, recorded content expense, and applicable performance royalty expense. To view a table of rates, click here. To review the basic criteria for statutory licensing of these formats, click here.
Licenses issued after March 1, 2009 are subject to interest for late payments of 1.5% a month, or 18% a year.
These rates will remain in effect until the next schedule of mechanical licensing rates is det
9.10 Cents per copy for songs 5 minutes or less
or
1.75 Cents per minute or fraction thereof, per copy for songs over 5 minutes. *For example:
5:01 to 6:00 = $.105 (6 x $.0175 = $.105)
6:01 to 7:00 = $.1225 (7 x $.0175 = $.1225)
7:01 to 8:00 = $.14 (8 x $.0175 = $.14)
The statutory mechanical royalty rate for ringtones is 24¢ per copy.
The rates for interactive streams and limited downloads are determined by a number of factors. These include service offering type, licensee type, service revenue, recorded content expense, and applicable performance royalty expense. To view a table of rates, click here. To review the basic criteria for statutory licensing of these formats, click here.
Licenses issued after March 1, 2009 are subject to interest for late payments of 1.5% a month, or 18% a year.
These rates will remain in effect until the next schedule of mechanical licensing rates is det
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3 comments:
OK next question. How does this work in an era where most songs that are commercially distributed are written by two or more shares. When two or three writers own equal portions of a song, what the process for deciding who is the first person to record the song. What is the writers who own equal shares, disagree on who that is. And is someone owns a higher share percentage than another writer on the song, do they control the song? Can two writers, who collectively own more than a third writer who individually owns the highest share like a (30 30 40 split...)combine their "votes" to decide who records a song first?
Thanks for your comment. Writers are payed by their percentage of their share of the song. Any one who is on a song can license the song to be recorded. Hopefully all parties, out of respect will agree. In my 25 plus years I have never had an issue with this. Thanks again for your comment, great questions.
You have some great information on your blog Grady. Thanks for ALL you do to help artists with the business side of the business. Peace....Don
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