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#1626335 - 12/29/00 01:48 PM Someone Wants to Cover My Song. Any Advice?
anne@songwriter.net
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Registered: 12/28/00
Posts: 12
Loc: Vanier,,CANADA

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(I posted this in the 'open mic' forum and it was suggested I try it over here. I'm new here and seem to be stumbling over people's feet. )

I received an email from someone wanting to cover my song "If These Walls Could Talk". He seems like a small time promoter with a few artists in his stable. Any advice on what agreement I need to reach with him? I am the publisher and songwriter and am a member of SOCAN (the Canadian equivalent to ASCAP).

Anne

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#1626336 - 12/30/00 02:27 AM Re: Someone Wants to Cover My Song. Any Advice?
Doctor Al
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Registered: 05/05/00
Posts: 192
Loc: ,,US

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Anne,
Has this song been recorded and released prior to this? If it has, then you just issue them a license - a very simple matter

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#1626337 - 12/30/00 02:41 AM Re: Someone Wants to Cover My Song. Any Advice?
anne@songwriter.net
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Registered: 12/28/00
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Loc: Vanier,,CANADA

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Hi Al - yes this song has been recorded and released by me. Is there a standard wording that I could use, or do I just need to make something up?

Anne

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#1626338 - 01/03/01 01:48 PM Re: Someone Wants to Cover My Song. Any Advice?
anne@songwriter.net
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Registered: 12/28/00
Posts: 12
Loc: Vanier,,CANADA

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As a follow-up, in searching the web for information on mechanical licenses, I came across this very interesting legal site. I actually called their Customer Service department and they were very helpful and friendly. http://www.nolo.com/auntie/question_562.html
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#1626339 - 01/03/01 02:21 PM Re: Someone Wants to Cover My Song. Any Advice?
miroslav
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Registered: 05/23/00
Posts: 12218
Loc: NY Hudson Valley, USA

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Quote:
Originally posted by anne@songwriter.net:
...I'm new here and seem to be stumbling over people's feet...


Don't feel that way...there is a whole lot of "stumbling" going on, on all of these forums.
_________________________
miroslav - miroslavmusic.com

"Just because it happened to you, it doesn't mean it's important."

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#1626340 - 01/08/01 02:04 PM Re: Someone Wants to Cover My Song. Any Advice?
Ex
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Registered: 09/21/00
Posts: 39
Loc: ,,UNITED STATES

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Anne,

You should be able to find a form in any music industry book. A few that I can recommend are: How to Make and Sell Your Own Recording by Diane Seward Rapaport; This Business of Music by Sidney Shemel and M. William Krasilovsky, books by Donald Passman and Kashif are also very good books on the subject. All contain a few sample mechanical license agreements.

E

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#1626341 - 01/09/01 01:45 AM Re: Someone Wants to Cover My Song. Any Advice?
anne@songwriter.net
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Registered: 12/28/00
Posts: 12
Loc: Vanier,,CANADA

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Thank you Miroslav and E. I appreciate the comments and will check out the Music books mentioned. I guess it's time I got connected with a music lawyer in my area, too. In a way, it's nice to know that I'm having to deal with these issues, as it means that my music is heading in the right direction.
Cheers.
Anne

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#1626342 - 02/14/01 03:47 PM Re: Someone Wants to Cover My Song. Any Advice?
dhmusic@mindspring.com
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Registered: 12/19/00
Posts: 124
Loc: Valley Village,CA,UNITED STATE...

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I went to that site and thought the response was be incomplete, at best.

In the US a song which has been already commercially released can be recorded by anyone. The artist/record company obtains a mechanical license from the song's publisher (you) and pays you the statutory mechanical license rate (right now it's about 8 cents per unit-'sold' in the US)
The artist would need to obtain a 'compulsory mechanical license' as far as I know, only if for some reason the publisher cannot be found by the release date of the record, or doesn't comply with the request.
If the song has not been released commercially, its up to the writer/publisher to OK it.

That mechanical license gives the guy the right to put your song on his record, and sell them.
Other monies you could get would involve sync license fees (if the song gets used in film or tv)
and performance royalties (from your association BMI, SESAC, ASCAP).

I really suggest you contact the Harry Fox Agency in New York. They will generate licenses for you, and keep track of overseas royalties, and also generally keep you up to speed on the changing aspects of this stuff.
Good luck.
PS-
The best book I've found on all this is without a doubt THE MUSICIANS BUSINESS AND LEGAL GUIDE by Mark Halloran.

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