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Can anyone record a published song?


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If a song has been recorded by someone on a CD, I guess that means it's published... anyway, can ANYone record that song? I thought you could. But if so, that would mean that if an artist did NOT record a great song because he got mad at the label or whatever, somebody else could record it and release it as a single. Assuming it's a "great song" that the first guy could've had if he hadn't let it go. What's the rule?

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You can play any song live without asking for permission first. But you must acquire written permission to release a recording of someone else's song, regardless of whether that song has been recorded and released before. You can contact the [url=http://www.nmpa.org/hfa.html]Harry Fox Agency[/url] to purchase the rights to release your version of a registered composition.
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[quote]Originally posted by dBunny: [b]You can play any song live without asking for permission first. But you must acquire written permission to release a recording of someone else's song, regardless of whether that song has been recorded and released before. IIRC, you can contact the Harvey Fox Agency to purchase the rights to record an ASCAP or BMI registered composition.[/b][/quote]You don't need written permission if the song has been recorded and released, you just have to be willing to pay the publishing on it. Rob

Rob Hoffman

http://www.robmixmusic.com

Los Angeles, CA

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[quote]Originally posted by dBunny: [b]Robmix, I think we're both slightly off with our wording, but we're essentially saying the same thing: you need to pay for the rights to release a recording of someone else's song.[/b][/quote]Your both right. Once a song has been commercialy released, anyone else can record it, but they must notify the publisher in writing. The publisher can only deny your request if you change the song inapropriatly.(lyrics, melody etc....)

Jotown:)

 

"It's all good: Except when it's Great"

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[quote]Originally posted by Jotown: [b]The publisher can only deny your request if you change the song inapropriatly.(lyrics, melody etc....)[/b][/quote]Didn't something like that happen with Weird Al? He redid some rapper's song and the guy wanted to make him pull the track but he wouldn't because it was covered as a parody, or something....then I think the guy threatened to beat him up :freak:
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[quote]Originally posted by dBunny: [b]And Jotown, don't you have to also pay a [small]licensing fee, which covers you up to a certain number of sales, after which you must start paying a publishing royalty? Isn't that how it works? Obviously, I dont remember for sure. :freak: [/b][/quote]It depends on the publisher, and the song. I have done a couple of things with the Harry Fox Agency in the last couple of years and I have yet paid a licensing fee for the publishing. But I have had to pay a fee for a sound recording license, which is a different thing.

Jotown:)

 

"It's all good: Except when it's Great"

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Cool. I didn't know it was different for different publishers, but that makes sense. Back in 1996, my band released a cover version of "Wrapped Around Your Finger" by the Police. We had to pay the Harry Fox Agency something like $35 dollars for the intitial licensing fee, which covered sales up to 25,000 copies, IIRC. After that, a certain royalty was due.
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My son's band did a cover of Otis Redding's Respect. We're making a thousand copies of his album of which Respect is one of ten songs. Online, via the Harry Fox agency I got a license to issue the recording of Respect for $82, or 8 cents for a song five minutes or less.

"The hottest places in hell are reserved for those who in a period of moral crisis

maintain their neutrality."

 

[Dante Alighieri] (1265-1321)

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So, therefor, if a guy records a song on an album and it's an obvious hit single (which I guess could be debated as foolish but the song I'm thinking of seems like a cinch), then, if the guy is mad at whomever at his label (and he would have to have control in some way) and does NOT release it as a single, then ANY artist can release that song as a single? Apparently so, based on these replies.

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Once any song is released for sale, anybody can rerecord that song and sell the recording as long as they pay the royalties. Permission can't be denied.

"The hottest places in hell are reserved for those who in a period of moral crisis

maintain their neutrality."

 

[Dante Alighieri] (1265-1321)

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Yes -- or to say it another way: If you write a song, you have the right to record it first -- no one else may record it first without your permission. But once you've recorded it, anyone and their mother may record it. In the U.S. After the first recording, the issue becomes one of money. If you have permission, you may negotiate any deal you like, up to what would be the fee if you don't have permission (why pay more?). If you don't have permission, than you pay the "I don't have permission" fee. I believe in other countries, such as France, the artist has more control over what becomes of their music after they record it. In the U.S., it's a free for all. -Peace, Love, and Brittanylilps
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