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I'm trying to help out a friend/client clear a previously released song and we're running into multiple brick walls...

The song is called "You Saved Me" by O.C. Smith from an album entitled "After All Is Said & Done", Triune Records 1993.

O.C. is the writer and the listed publisher(s) are O. R. Music/Larchris Music, BMI

There is nothing at Harry Fox (Songfile) and nothing at BMI. (or ASCAP or SESAC, for that matter)

I've Googled Triune Records, Larchris Music, and O.R. Music. I downloaded from iTunes and there is nothing in the "Get Info" fields that are of any significance.

The only thing close is an ORM Inc. in Macon, GA which I believe stands for Otis Redding Music.

We'll try that phone #, but if we can find nothing in regards to who actually has publishing for this song, are we safe to go ahead and release it anyway? I certainly know I've done my due diligence!

He wants to do non-physical "Permanent Digital Downloads" with an initial quantity of probably 500.

Thanks!

Buzzy

No you are not safe in releasing it. Just because you can't find the publisher doesn't mean you have the right to release the song. That was used as a defense in one of my copyright actions (I was the plaintiff, btw) and it does not hold water. You KNOW the song is copyright? Then go to the Library of Congress site and look it up (it might be part of a compilation or the album). The LOC should have up to date contact information. That may be your best bet at this point, but you run the risk of a lawsuit if you use it without permission. OTOH, it might be the fastest way to find the publisher...

I was hoping that you might jump in, MLC!

Nothing pops up at the Library of Congress in regards to this specific song(?), but we did find this a few days ago at the United States Copyright Office...

• Type of Work: Music
  Registration Number / Date: PAu000114098 / 1979-05-15
  Title: You saved me / O. C. Smith, words & music.
  Description: 3 p.
  Copyright Claimant: O. C. Smith
  Date of Creation: 1979
  
  Names: Smith, O. C., 1932-

...which, obviously, led to nowhere.

The LOC is up to date with his death in 2001, however.

The quest continues.

I believe that song first appeared on a 1986 album, entitled "What'cha Gonna Do".

1986's 'What'cha Gonna Do' (Rendezvous Records) album charted 3 Billboard singles (1986 - 87, for nearly a total of 40 weeks).

These were 'What'cha Gonna Do' (number one), 'You're My First, My Last My Everything' (number two) and 'Brenda' (number three).

This album, mostly for the single 'Brenda' established O.C. as a Beach Music star.

Not sure if that helps you, but it was definitely a track on this album, which pre-dated the "After All is Said and Done" album.

cowtothesky wrote:I believe that song first appeared on a 1986 album, entitled "What'cha Gonna Do".

1986's 'What'cha Gonna Do' (Rendezvous Records) album charted 3 Billboard singles (1986 - 87, for nearly a total of 40 weeks).

These were 'What'cha Gonna Do' (number one), 'You're My First, My Last My Everything' (number two) and 'Brenda' (number three).

This album, mostly for the single 'Brenda' established O.C. as a Beach Music star.

Not sure if that helps you, but it was definitely a track on this album, which pre-dated the "After All is Said and Done" album.

Thanks!

I'll see if that leads somewhere.

(The quoted text looks familiar. Where did that come from?)

Buzzy


Sent from my iPhone using Tapatalk

buzzsmith wrote:

cowtothesky wrote:I believe that song first appeared on a 1986 album, entitled "What'cha Gonna Do".

1986's 'What'cha Gonna Do' (Rendezvous Records) album charted 3 Billboard singles (1986 - 87, for nearly a total of 40 weeks).

These were 'What'cha Gonna Do' (number one), 'You're My First, My Last My Everything' (number two) and 'Brenda' (number three).

This album, mostly for the single 'Brenda' established O.C. as a Beach Music star.

Not sure if that helps you, but it was definitely a track on this album, which pre-dated the "After All is Said and Done" album.

Thanks!

I'll see if that leads somewhere.

(The quoted text looks familiar. Where did that come from?)

Buzzy


Sent from my iPhone using Tapatalk

No prob - got the info here: http://www.soulwalking.co.uk/OC%20Smith.html
and here: http://www.soulexpress.net/ocsmith_story.htm

Peace

You can send in a compulsory license to the HFA. All you need is a certified letter and a check. Do this and you are safe. Harry Fox doesn't like this because you haven't paid their extra fees but they will cash your check and get the royalties to the publisher, deducting their 2%.

mikehalloran wrote:You can send in a compulsory license to the HFA. All you need is a certified letter and a check. Do this and you are safe. Harry Fox doesn't like this because you haven't paid their extra fees but they will cash your check and get the royalties to the publisher, deducting their 2%.

Update: 12-10-2014 (I know that it's been awhile since the original post!)

We can NOT find these publishers anywhere! Harry Fox (Songfile) does not show it. Neither ASCAP, BMI or SESAC show the publishers: Larchris or O.R. Music.

I've Googled the names of the publishers to no avail. I rechecked the Copyright Office. Nada...

I don't think sending a check to HFA would do any good, since they don't have any info on the song.

Are we missing something?

Thanks!

Buzzy

<frustrated>

So what? I already told you how to file a Compulsory License. Do it.

Save the certified receipt and a record of the check. Those are your proof that you are in compliance.

I have never heard of HFA not cashing the check but it doesn't matter. Your (the general You) job is to pay and send the license. Their job is to see it gets to the right place.

I don't think sending a check to HFA would do any good, since they don't have any info on the song.

Not your problem. Send them the old information you have.

Won't really protect him, IMO. I have no relation to HFA and if my music is "covered" w/o MY permission I have grounds to sue, as does the owner of this song. I suggest they give up the ghost and find another tune to cover. Better yet, write one.

Believe what you want. The rules for compulsory licensing are pretty clear. You can find them at www.loc.gov