Copyright quandary

[Kurt]

My band has done a cover of Pink Floyd's Comfortably Numb, we've paid the APRA licensing fee for the right to put in on our cd. Apparently this doesn't cover digital distribution, so we have had to remove it from our album for digital distribution via iTunes etc. and we need written permission to sell it online.

How does one approach Warner and EMI to get written permission? I assume they must grant it because there are other bands selling Pink Floyd covers on iTunes. Has anybody else been down this road? Where does one start?

[Manning]

If Warner are the licensees then contact Warner Chappell. Just call them and explain what you want and they'll put you through to the proper person in licensing.

Address: 39 Albany St, Crows Nest, NSW, 2065
Phone number: (02) 9779-4000

If they tell you to call EMI then
18 Hutchinson St Surry Hills NSW 2010
(02) 9320 3000

[jkhuri44]

sounds expensive.

[The Tasmanian]

I was always under the impression - from past managers/labels etc - that you just cover it and put it out, and unless you are selling by the hundreds of thousands then its not worth their time to even bother.
And if by some freak you get these amount of sales then you pay for the license - by that stage you can afford it.
I did a Prince cover about 15 years ago - and all management and record company advice was as above.

[Linear]

I can check with my best mate (who is an entertainment lawyer) but I believe that it goes like this:

- anybody can do a cover of any song as long as it has already been commercially released.
- you don't need to ask permission
- it has nothing to do with the label that owns the mechanical copyright of the original recording
- you need to pay a royalty to the publisher that owns the song, i think you do that by registering the release with apra.
- i would be surprised if a digital release is any different to a physical (CD/record) release, but I can check.

Chris

[Linear]

I just realised that my post has brought no new information to this thread.

what an idiot.

Chris

[Vic]

I once got a call form APRA saying that the Humphrey B Bear organisation had been in contact with them about a 5 second sample of the Humphrey theme song that we used in a song.

They wanted payment. Apra were kind enough to explain that the change of getting money out of a small independant Australian band was minimal.

Humphrey B Bear left it alone .

[Kurt]

Thanks guys (it's now 4:20 in the morning), so my lager addled brain may not make a lot of sense.

Yes, for the cd royalties have been paid. I'd be happy to run the gauntlet with the digital release but reverb nation want written permission to include the track. A few friends have suggested writing to Roger Waters or Dave Gilmour may be faster than dealing with Warner/EMI. Might be worth looking at in the cold light of day.

That has taken ages, looks good now but I'm sure it will will be embarrassing tomorrow. Thank whoever is responsible for spell check.

[Wiz]

HI Kurt

http://diymusician.cdbaby.com/2011/01/h ... ver-songs/


that might help you out...

[Kurt]

I did actually stumble across Limelight but thought it looked too easy to be legit! I'll have a closer look at it.

Cheers

HI Kurt

http://diymusician.cdbaby.com/2011/01/h ... ver-songs/


that might help you out...

[vanderlae]

I used to be a music buyer for a record co/exporter and all requests for licensing of songs go through A&R. I never came across people wanting permission to cover songs though. Still, if you wanted to annoy...sorry, run this by someone in A&R then EMI hold current rights to floyd. Sony music hold rights to Dave Gilmour & Roger Waters individual releases.

Writing to either floyd gents? Haha, good luck finding their contacts let alone garnering a response. Waters is on tour and both men are exeedingly wealthy - I'm sure they're not too concerned about someone covering a song. If in doubt, contact A&R but you will be able to get a definitive answer elsewhere methinks.

[Chinagraf]

I too have not heard of getting permission to cover a song unless it hasn't been released commercially.
That doesn't mean you don't have to, but I was always under the impression once it's been released commercially anyone can cover it provided the license fee's are paid. The only caveat being the writer could exercise 'moral rights' if they felt the work was derogatory or something.
I produced a cover of something with a UK artist last year and as far as I know permission from the writer was never asked and it was digitally distributed, including remixes form some big names over there. I don't really deal with that side of it, but next time I talk to my manager I will ask him what's what cause he does a lot of that stuff for international labels.

[Kurt]

Well, it looks very much like an un-named band member got it wrong. To change the album apparently we would have to go through the whole submission process again. What a shit fight