FROM THE DESK OF

FROM THE DESK OF... SHELLY HARRIS

UNRAVELING THE RED TAPE

by: Shelly Harris / Entertainment Attorney

QUESTION:

My band is in the planning stages of recording a CD, and we think we want to include at least two cover versions of songs that were actually released back in the ‘70s. The songs we are thinking of covering were recorded and written by semi-obscure bands, and might be termed as "deep cuts" on their old albums. Legally, what do we need to do if our band wants to record these songs now?

ANSWER:

First, you will want to see who actually owns the rights to the songs as songwriters and publishers. The best way to do that is via the search mechanisms at the performance rights organizations like ASCAP and BMI. (Nearly all recorded songs are registered, otherwise the songwriters and publishing companies would not receive any performance royalties.)

Once you find out who owns the rights to the songs, you will know where (and to whom) the statutory royalty amount will need to be paid for your use of the songs. That amount has floated between seven and eight cents per pressed unit (record or CD) for the past 10 years. As long as the songs have already been recorded at least once previously, you will not need to get permission from the owners to record the song; you will only need to make sure they get their statutory (per a Congressional bill) royalties.

Since using others' songs will actually cost you money (and you will not generate any songwriting or publishing royalties yourselves), you may want to consider whether it is really going to be worth your while to record the cover songs, or at the very least, you might want to be as selective as possible about the songs you do use.

[Note: Names are always changed in these Q & A’s; in addition, it is always in your best interest to consult an attorney of your choice directly regarding any particular legal issue or problem you might have.]

Back to Top

Web Design By:
Hungry Mind Design