FROM THE DESK OF

FROM THE DESK OF... SHELLY HARRIS

UNRAVELING THE RED TAPE

by Shelly Harris / Attorney

QUESTION:

I’ve done a remix of a song done by a popular rap artist who is signed to a major label. I’ve gotten some of my songs played in dance clubs in the past, and I would like to have this remix played at the clubs as well. I might also want to try to get my remixed version played on the radio, if possible, or release it on my own compilation album as well. Should I copyright my remixed version? I have compulsory license forms, do I need to use these?

ANSWER:

You have brought up some very complex licensing, royalty, and copyright issues in just a few short sentences.

First of all, I am assuming that your remix includes most of the performance and the songwriting of one or more other artists and songwriters.

A typical remix of a song is even more than a sample, but even with a “sample” you should negotiate with the original artist’s record label and publishing company on issues pertaining to “mechanical royalties” and “performance royalties.”

The fact that you have “remixed” a song does not take away the pre-existing rights to royalties and credits as far as the owners of the recordings and song copyrights are concerned.

In a nutshell, I will give you a review of some of the types of licenses and royalties that are involved with your issue, and let you decide which apply to your situation, since I do not know the specific facts of how much of another’s work you have or have not used in your remix.

A mechanical royalty applies to a situation where a song is reproduced on a new recording (i.e., the actual original performance is not used at all). It is paid to the song owners (at a statutory rate) each time the song is reproduced (manufactured) in a recorded version. However, it does not appear you have “reproduced” the original performance of the song; you are actually using the original performance instead.

So, if you are intending to use – or have used –the original recording in whole or in part (i.e., “sampling”) on your remix, then you must obtain a license (“clearance”) for the use of the original performance of the song from the record company who owns the recorded music and the owner of the song, which is usually the music publisher. (Sometimes the record company can be the publisher as well.)

You may be able to negotiate for all rights in a flat fee, or for a royalty rate that is contingent on the income you actually make on the remixed version of the song. However, it is an especially sticky and potentially costly situation when you are using even more of the original performance of a song than is considered a “sample.”

Performance Royalties are the ones paid to the owners of a song every time a song is played on the radio, in live concert, on TV, or in a business establishment (such as a dance club), and the owner of the song you have remixed would be entitled to these as well. In most cases, BMI and ASCAP collect a flat fee from the venues mentioned above, based on periodic surveys, and this would not be a fee you would have to directly pay the original artist and songwriter.

You may be able to copyright your version of the song you have remixed, but you will not be able to claim any songwriting copyright, no matter what changes you made to the original version of the song. In cases where songs have been merely sampled, sometimes the owners of the sampled songs will insist as part of the licensing negotiations that you do copyright your version while also crediting the sampled original and owners.

Email your entertainment business questions and comments to Shelly at: shellyharrislaw@aol.com

[Note: Names are always changed in these Q & A’s. 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