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stainless Offline
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PostPosted: Wed Jul 23, 2008 8:54 am    Post subject: licensing covers Reply with quote

While I understand copyright and mechanical llicensing requirements, I cannot find any verbage regarding licinsing issues for recording a cover, but it never get's released- is a license required?

I have a situation where I'm working with someone with a number of tunes (their own), but several are questionable, and as a hedge several covers are being recorded as possible fillers, or I suppose if one turns out great then it could make to the CD-

prior to the decision to make it to the CD is a license required?

As I usually give people a copy of all the tracks, am I in anyway liable should they decide to make / distribute the covers down the road with out obtaining licensing (say they decide to post it on MySpace, etc)?

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joro Offline






PostPosted: Wed Jul 23, 2008 10:27 am    Post subject: Re: licensing covers Reply with quote

stainless wrote:

prior to the decision to make it to the CD is a license required?

No, prior to the manufacturing and release of the CD is when a license is required.

stainless wrote:
As I usually give people a copy of all the tracks, am I in anyway liable should they decide to make / distribute the covers down the road with out obtaining licensing (say they decide to post it on MySpace, etc)?

It is absolutely NOT your responsibility....no worries.

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joro Offline






PostPosted: Wed Jul 23, 2008 10:43 am    Post subject: Reply with quote

This should help man...

http://www.musicbizacademy.com/articles/legalchecklist.htm

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stainless Offline
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Joined: 21 Mar 2005
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Location: Left Coast... away from earthquakes
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PostPosted: Wed Jul 23, 2008 10:48 am    Post subject: Re: licensing covers Reply with quote

joro wrote:
No, prior to the manufacturing and release of the CD is when a license is required.


but not necessarilly during the recording process?


joro wrote:
It is absolutely NOT your responsibility....no worries.


Thanks!

I'd earlier placed a call to Harry Fox Agency to see what their official "verbage" is... tried e-mailing and got an auto response which did not address the question- I post their reply when I get it

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Stainless ....

I wish I could be traded like a penny in the arcade for a token to be played
on a cello strung with strings that are my dreams



Check out our music at http://www.reverbnation.com/#!/stainlessbrown[/url]
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axemanchris Offline
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Joined: 14 Nov 2003
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PostPosted: Thu Jul 31, 2008 8:37 am    Post subject: Reply with quote

According to my understanding, Joro is right. The wording is something to the effect of paying the licencing fee for each copy *manufactured.* I'm sure all this gets cloudy in defining manufacturing in terms of how many digital copies are made, but if you make CDs privately in your home, they are still technically manufactured. Of course, if nothing is released to the public, then its hard to claim knowledge of such a manufactured product.

Note that the wording does not say *sold.* So, even if you make 100 copies and give them all away, you still have to pay your licencing fee.

CT

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stainless Offline
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Joined: 21 Mar 2005
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PostPosted: Thu Jul 31, 2008 9:19 am    Post subject: Reply with quote

I spoke with someone at the Harry Fox Agency- and regrading covers- I can record to my hearts content- burn a CD to listen to in my car, at work, i-Pod, etc- as soon as a copy leaves my personal possession, whether as an MP3 sent, a physical CD/cassette, or even a PT session file from my ftp site (format doesn't matter), say to you because either you have an interest in playing on the recording, or because I'm trying to persuade you to do so, a royalty for one copy is now owed- regardless of whether a final mix is produced, used, shows up on a 'not for public release/distribution/promotional" demo, or thrown in the dumpster

I'm in the process of setting up an account with HFA that will allow me to pay royalties based on actual copies of recordings made at my place/by me.

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I wish I could be traded like a penny in the arcade for a token to be played
on a cello strung with strings that are my dreams



Check out our music at http://www.reverbnation.com/#!/stainlessbrown[/url]
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