Permission to do a cover tune on a CD

[tonester]

Hi;

My band wants to cover Rainbow's "GAtes Of Babylon" on our upcoming CD. On our last disc, we did a cover of Gamma's "Voyager", and the process was pretty straightforward, but I've kind of forgotten how to do it. The publisher of the song is Thames Talent Publishing Ltd, but I can't find a website for it.

Anyone out there know how I should proceed? The song was co-written in 1978 by Ritchie Blackmore and Ronnie James Dio.

I believe it's an ASCAP tune.

Thanks,

Tony

[MIDI Life Crisis]

Harry Fox Agency. Mechanical License. Ring a bell?

http://www.harryfox.com/public/licenseeRateCurrent.jsp

[tonester]

Yeah, that's it! Thanks........

[tonester]

Come to think of it, I remember contacting Ronnie Montrose's lawyer, and he pretty much handled the paperwork, but he did mention the Harry Fox agency!

[MIDI Life Crisis]

Just don't confuse it with the Hairy Fox agency...

[tonester]

Good God! BigFoot Lives!

[MIDI Life Crisis]

Good God! BigFoot Lives!

I think her name is Tessy... That's Latin for "What the heck?"

[James Steele]

Gates of Babylon is an awesome tune. I was in a Rainbow/Purple tribute band for a while and one of my conditions for taking the gig was doing that song... as well as "Child In Time" by Deep Purple. Those high screams are a blast!

[tonester]

yeah,we like to throw in a cover tune here or there, usually something off the beaten path! I think our next venture will be "Gutter Ballet"


Child in Time is awesome, BTW

[mikehalloran]

You can go through the Fox agency but do not need to. You certainly do not have to pay their processing fees. Nor do you have to ask anyone's permission a long as you pay the correct fee and inform them with a certified letter (this is a must). Search the Copyright web site for "compulsory license".

You may impose a compulsory license on the publisher by paying the statutory rate per copy pressed. Send a check for the correct $ plus a certified letter to the publisher stating how many copies were pressed and whether or not this a one-off or ongoing project. You may either pay upfront when the CD is pressed or quarterly as copies are sold.

You may also send this to the Fox Agency.

Publishers and their addresses are easy to look up on ASCAP, BMI or SESAC's web site.

[MIDI Life Crisis]

You can go through the Fox agency but do not need to. You certainly do not have to pay their processing fees. Nor do you have to ask anyone's permission a long as you pay the correct fee and inform them with a certified letter (this is a must). Search the Copyright web site for "compulsory license".

You may impose a compulsory license on the publisher by paying the statutory rate per copy pressed. Send a check for the correct $ plus a certified letter to the publisher stating how many copies were pressed and whether or not this a one-off or ongoing project. You may either pay upfront when the CD is pressed or quarterly as copies are sold.

You may also send this to the Fox Agency.

Publishers and their addresses are easy to look up on ASCAP, BMI or SESAC's web site.

This sounds 'legal' to me, IOW, I agree. Even if they objected, I doubt they'd get a court to hear them if you did what the law suggests. Good post Mike, thanks!

[tonester]

You can go through the Fox agency but do not need to. You certainly do not have to pay their processing fees. Nor do you have to ask anyone's permission a long as you pay the correct fee and inform them with a certified letter (this is a must). Search the Copyright web site for "compulsory license".

You may impose a compulsory license on the publisher by paying the statutory rate per copy pressed. Send a check for the correct $ plus a certified letter to the publisher stating how many copies were pressed and whether or not this a one-off or ongoing project. You may either pay upfront when the CD is pressed or quarterly as copies are sold.

You may also send this to the Fox Agency.

Publishers and their addresses are easy to look up on ASCAP, BMI or SESAC's web site.

This is great advice. Thanks!

[adriano]

Hi tonester,
If you don't want to deal with sending certified letters and what else, download this form http://harryfox.com/docs/NewLicenseeAcctForm.pdf ... fill it out and fax it to HFA. Within less than 24 hours you will be sent an email with user/password login info. This is to create an "eMechanical" online license request process. No fees to HFA, and no upfront royalties just quarterly royalty payments based on how many you've sold.

If the cover songs is not listed on HFA, put in the info of the cover song(s), publisher(s), writer(s).... and they track it for you no more than 48 hours and you're set.

Hope this info helps others also

Good luck

[mikehalloran]

>Even if they objected, I doubt they'd get a court to hear them if you did what the law suggests<

Compulsory licensing is just what it implies: You are imposing a license on the publisher by paying the statutory royalty and notifying by certified letter. The provision for this is in the Copyright law and the instructions are on the web site http://www.copyright.gov . There is nothing to go to court over. You can download the instructions. http://www.copyright.gov/circs/circ73.pdf

I have no problem with the Fox Agency except when they want to charge me anything extra to cover someone else's tune. If they can't survive on their commission, nuts to them. HFA charges "In addition to royalty fees, there is a modest per-song processing fee of $13 to $15 charged by HFA" (according to their web site) for less than 2,500 copies. I can't believe that people pay it - they don't have to.

I don't pay processing fees or any of that nonsense. I find it just as easy to look up publishers and send checks. Certified letters are required only for the first check, BTW - subsequent checks are sent first class mail. If you do a one time pressing and send the full amount, put that in your letter and don't pay quarterlies.

If the publisher tells you to deal only with the HFA, they don't have to cash your check, I suppose (yea, right!). If the HFA were to return your check because you didn't include processing fees... In either case, your certified letter is your proof that you tried to do the right thing. BTW, I have never heard of either scenario happening. If, however, you call and ask first, you will be told to pay those unnecessary fees.

[tonester]

Thanks for the tips, guys!