how to get permission to record a cover song

Tell them what medium you plan to use: CD, tape, downloadable formats, video, etc. Is it illegal? Permission to record song. With multiple releases of the same song to the global music ecosystem, it is important to distinguish your recorded version of the original song from all others. Step1.) I've recorded a cover version of a song and have uploaded it to a music sharing website. How does one get permission to cover a song by another artist? However, even though they cannot deny you the right to record and release their song, you still must obtain the proper license and pay the copyright owner of the song you are covering. That said, the majority of cover songs are uploaded without the permission of the original owner. 2) Recording (master rights) The recording is a recorded performance of the composition (song). Using this service will cost $16 per track. Pick a song that will teach you something just by learning and recording it. a live version and studio cut) you will need to obtain two separate mechanical licenses. No. For example, if you want to cover a work Songtrust currently administers, you can email us directly to obtain a mechanical license instead of going through a 3rd party service like the Harry Fox Agency. This even applies to when you want to release the song for free on services like YouTube and Soundcloud. Ask if they have a standard mechanical license they normally use. If you plan on releasing a cover song on your next album, you will need a mechanical license. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 23,170 times. Putting a song up on a site even though you’re not making any money from it without doing the … First steps – find the composer and publisher. When someone records and releases a song, you are free to do your own cover version of that song by obtaining a mechanical or “compulsory” license. The accounting method for determining when a sale or copy is made, The conditions under which the rights holder can audit your records, The state whose laws will interpret the contract. Enter the name of the song in the search bar. Labels, publishers, and to a lesser extent, artists, take copyright very seriously. Summary: This blog main talks how to use the copyrighted music legally - getting permission to use the music, including when and why you need to get the permission, and how to get permission to use a song.Besides, it also shows you some alternatives to obtain permission to use music. 720p is the minimum to record with, if it is not HD, most people won't listen to your cover. wikiHow is where trusted research and expert knowledge come together. Here are some steps you can follow to protect yourself from litigation*: When you plan on releasing covers for free (for example, on Soundcloud) you still need to get permission and/or obtain a license from the original songwriter(s) so they can get properly compensated for the use of their work. Don’t select a song just because you think it will get a lot of streams. A “mechanical license” is the industry name for an agreement that gives you permission from a songwriter or publisher to record a song that you do not own the songwriting copyright for. Where can I get a license to record a cover song? Another is to record and distribute a song … When it comes to music, figuring out copyright laws can easily make your head spin.Depending on what you want to do with a song – cover, remix, etc. This is technically illegal as it’s not your song to record and broadcast. Reproduce someone else’s sound recording of the song, Use the song or lyrics in karaoke products. Permission is obtained through a mechanical license (audio-only) or synchronization license (video). If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. Plus, even if a work itself IS public domain, an individual interpretation is not - so you'll have to make sure your cover isn't an exact copy of someone else's. By using our site, you agree to our. In reality, thanks to compulsory licensing, the owners of a song can’t deny you releasing a cover of their song. This article has been viewed 23,170 times. If the rights holder’s contact information is not listed, you may need to do an internet search. Let that person know you are interested in recording or otherwise performing a song in their catalog. One important thing to note - you won’t need a license if you are releasing a cover song on streaming platforms only. Based on the length of each song and the number of units you plan to sell, songfile.com then computes a fee based upon the statutory mechanical royalty rate - the money collected for each sale of your cover version that goes directly to the song's writer and publisher (often split 50/50). *Disclaimer: This article is for educational and informational purposes only and not for the purpose of providing legal advice. This article was co-authored by Clinton M. Sandvick, JD, PhD. Here is a breakdown: When you record a cover song, every time your recording sells/makes a profit, you owe the songwriter or publisher about 9 cents out of every dollar. If you post music for streaming online, such as on YouTube, Bandcamp, or your own web site or blog, make sure to get permission for any songs you did not write, recordings made by other people (such as samples, karaoke tracks, or background … We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. Search the repertoire of BMI, SESAC, or ASCAP, Check the label of the original artist’s recording. The rights to the recording are usually owned by the artist or their record label. In addition to this, most distributors (such as CD Baby) will also help you obtain the proper licenses to release a cover song. If you are unsure whether or not you need to get a license before releasing a cover song, make sure to check with the local mechanical agency (i.e. Services like SoundCloud often require you to provide proof that you do have permission from the relevant rights holders or can provide the relevant licenses to release the cover. Example: Go to ascap.com and type "Purple Rain" (with NO quotes!) Research, do your due diligence, and get the proper license for your particular situation. Surprisingly enough, if somebody is determined to do a cover version of your song, it is well-nigh impossible for you, Joe Composer, to stop them. Select the entry for the song you want and click on the name of it. THE 4-STEP PROCESS: GETTING PERMISSION TO RECORD A COVER SONG Contact copyright owner with intent to record Copyright owner issues license Pay license fee (Statutory Rate) Record & release song! Then, every time your cover version is sold or reproduced, you (or your record label) must pay the statutory royalty fee for that song (currently 9.1¢ per copy in the US). 2. You might fall into the following situations: Situation1.) He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This means that artists releasing covers on those platforms are not on the hook for royalty payments on those streams. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. To record a song for release to the public, a performer must obtain permission from the music publisher of the song and pay a fee, called a mechanical royalty. It's usually listed in the album credits in the original (or cover) version of a song. Do You Need Permission To Cover A Song, Final Thoughts. Cover songs can help you gain fans, but be sure not to abuse the system. Visit the following websites for more information: Songfile: This cover song licensing service offers mechanical licensing information and tools. Currently, the statutory rate for mechanical licenses in the US is 9.1 cents to the songwriter per download or physical purchase of the album. You can use the MCPS PRS database to look this up, or the Harry Fox Agency’s Songfile.This information will be required on some forms to get the correct licensing, and on materials you send to radio. If the publisher doesn’t hold rights to license the music, they will let you know. If you are afraid of sounding "bad" or unprofessional, you can sign up for a few voice lessons. If the label lists a publisher (such as Sony Music or Warner Brothers Records), start by contacting the publisher. To record a cover song in the U.S. to be sold in the U.S., use the Limelight or Harry Fox Song File system or locate the publisher, serve them with proper notice, and pay the statutory royalty rate. Use the song as background music, digital jukebox, or ring backs. This article was co-authored by Clinton M. Sandvick, JD, PhD. Any tax records you may be required to furnish the rights holder (such as IRS Form 1099-MISC). If you want to cover a song, go for it. That said, it is a widely used practice. Ask them to reply to you with the fees that will be charged and to forward you a copy of any standard mechanical license agreement they use. Record of any sales or copies as defined in the licensing agreement, Record of any payments made to the rights holder or other payee as directed by the rights holder. Introduce yourself and let them know you are interested in recording a cover of their song. It's not commercially available, that is to say its not on any physical media and im not making any money from it, it's just being given away for free online. And if it is, how do I get confirmation that I can use it? References. Please rate the article below. Harry Fox Agency in the USA). That will help you sing with the music to make sure you don't go ahead or behind the song. CONTACT THE PUBLISHER! There are two ways to get permission and pay the mechanical royalty: Contact Copyright Owner With Intent to Record The first step is to actually contact the person or company that owns the copyright. If a song I want to cover cannot be found in any of the resource links provided in this article, does that mean it is public domain? When you record a cover version of someone else's song, you need to get a mechanical license authorizing you to reproduce their composition. Want to keep up with Songtrust for frequent music and publishing updates? If you record a cover version of a song, you are entitled by law to release your recording commercially as long as you have the copyright owners consent. Lastly, please note that you cannot register a cover song into your Songtrust account regardless if you obtain the proper licenses or are granted permission to distribute it by the copyright owner. Follow us @songtrust Subscribe to our NewsletterVisit the Songtrust Blog. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/8\/8a\/Get-Rights-to-Cover-a-Song-Step-1.jpg\/v4-460px-Get-Rights-to-Cover-a-Song-Step-1.jpg","bigUrl":"\/images\/thumb\/8\/8a\/Get-Rights-to-Cover-a-Song-Step-1.jpg\/aid6878068-v4-728px-Get-Rights-to-Cover-a-Song-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"