I need a lesson on royalties

[adriano]

Hello forum,

Looking for an answer from the experts and will be using an old song as an example.
Here it goes:

Reet Petite was written/composed by Tyran Carlo, Barry Jr Gordy (Gordy, Barry IV) and performed by Jackie Wilson.

Let's say, I cover the version that Colin James did 2 years ago.
When I apply for the mechanical license, do I need to specify which version I'm doing? Does it matter? Who gets the royalties? The writers/composers? Or the writers/composers and Colin James?

Thanks in advance
Adriano

[MIDI Life Crisis]

Unless there is unique material which the performer specifically copyrighted, and you are using that material specifically, the license goes to... the publisher and copyright owner (not always the writer!)

Similarly, if you cover the tune and legally license it as a mechanical, no one would have to ask you for a license to re-record it. But if you added a unique bridge or other material and copyright THAT, then they would have to get a license from you.

This might get very complicated over at the Harry Fox agency and they might not license the new material at all, in which case the copyright holder of the unique material would have to be contacted directly.

BTW, I am not a lawyer and this is not intended as legal advice. If in doubt, consult a good intellectual property attorney specializing in music licensing. You might also ask your licensing agent (BMI, ASCAP, SESAC).

[David Polich]

Apply for the mechanical license through Harry Fox Agency. Its' an automated online process done through their website. The fee varies
depending on how many units you expect to sell (online or physical).
The standard is a license for the first 2500 downloads and once you get that number sold you apply for a renewal of the license.

Licensing does not apply to anyone's version, unless you are including
the recording of that version in your track (i.e., sampling it).

I recorded a very different version of the Archies "Sugar Sugar" with my band last year. Our version was more like Marilyn Manson and Garbage,
very dark and completely removed from the original. I had to change some of the lyrics because the vocalist in my project was female, so I changed
the words "you are my candy girl" to "you are my candy babe". For that change, I had to contact the publisher directly and get permission for the lyric change. The publisher (Sony ATV Music) happily gave me permission in writing.

[MIDI Life Crisis]

...I had to contact the publisher directly and get permission for the lyric change. The publisher (Sony ATV Music) happily gave me permission in writing.

Now there's a story you don't hear often. The big companies often blow off the little guys (not that you're little!)

Must have been a great rendition. Do you have it online somewhere we could hear it/buy it?

[David Polich]

Wow, thanks for the interest. The version I did was on my band's album, called "Whut 4". We even got an "Artist of the Month" review in Keyboard Magazine, which was great. But I came to severe disagreements with the female vocalist, and the band broke up, and I pulled everything down, including the album which was on i-Tunes for about eight months.

The track will be getting a new lease on life - I'm producing a new record with a great hard rock female vocalist, and she's going to re-cut the track and it will be on her album. This is the artist:

http://www.dynagirl.net

I'll have a preview of it up on my website as soon as we get the vocals cut.

http://www.davepolich.com

[Timeline]

Here's my take on it.

Pull out a $10 bill from your pocket.

Ok. Give it to me.

Nice tune!

[davedempsey]

I'll let it go for 9.50.