I know if I record a cover band, so they can promote with a demo, they can not sell it for $$........................any other legal issues to be concerned with??
I don't think that's entirely true. As far as I know, they would need a mechanical license for each song they put on physical media (like a CD) or make available for download, and they can arrange for those from the Harry Fox Agency. Limited quanity licenses are usually pretty cheap and can be handled online, so IMHO it's worth doing just to avoid the potential headaches. The website is at:LoVeTheBlues said:I know if I record a cover band, so they can promote with a demo, they can not sell it for $$........................any other legal issues to be concerned with??
Yes, about 9 cents a song under 5 min long, limited to 2500 songs.........and that is what I believe I read from the HFA website. As a recording service, I can do the steps online with HFA, or I can leave it up to the band, as per the HFA management. Keeps everyone honest, but do people really do that very often?Transcriber-arranger said:Limited quanity licenses are usually pretty cheap.
"Pretty cheap?"
And he or she might not tell you that. Get a referral to a lawyer that specializes in intellectual property law as it applies to arts and entertainment. You can also read the copyright laws cover to cover yourself and learn a lot.Bill Mecca said:(your every day, run of the mill attorney might not be very well versed in this specialty)
but I think we are all on the same page here, best to get a lawyer who knows this stuff inside and out, and remember, just like everyone else, some finished at the top of their class and others at the bottom.HFA's Songfile makes this easy. Songfile licensing is a tool to obtain mechanical licenses for physical recordings (CDs, cassettes, vinyl) made and distributed in the U.S. in a quantity of 250 to 2500 units, or to create and distribute from 150 to 2500, permanent downloads of a song from a server located within the U.S., at the current statutory mechanical rate . In addition to royalty fees, there is a modest per-song processing fee of $13 to $15 charged by HFA, depending upon how many songs are licensed at once. All processing is done online, and in most cases, you will have your license within 24 hours. Once processed, licenses are made available to you electronically for viewing and printing through your Songfile account. Please note that all songfile license fees are non-refundable.
That's recent and its good news. When I did my CD last year it was 500. I could've saved a bunch not only on licenses but on copies. And they didn't do downloads then.Bill Mecca said:another quick read of the HFA site, seems to be a minimum of 250 for CD, Cassette or Vinyl and 150 for "permanent downloads" here's a quote
I must qualify what I am about to say: I am a recent law school graduate. I am taking the bar exam in a few weeks. This comment does not constitute legal advice.bobsax said:If you just give it away I don't think you need to deal with HFA or lawyers . I think you can also ask for donations to cover costs .
It is a commonly expressed bit of misinformation. Copyright law is widely misunderstood and widely misstated by people who don't realize they are passing on ill-informed ignorance.Giles said:That being said, nothing could be further from the truth.
He probably did, if only to avoid nuisance litigations from ASCAP, etc., but there's a gray area here.rcwjd said:Most likely, Aebersold has obtained a mechanical license allowing his company to record the backings onto a CD.
If the composer is a member of a "performing rights society" (ASCAP, e.g.) and a performance venue has a performance license granted by the society, performers may perform the tune in the venue.rcwjd said:So, among other things, this means that the composer has the exclusive right to public performance of the tune
That is true. Once rights have been granted for a recording to anyone, they cannot be denied to others. It's called a "compulsory license."rcwjd said:It is my understanding that a composer may not prevent others from covering his "works" if they properly obtain mechanical licenses once a single performer has produced a CD (sound recording) of the work.
Yeah, once a tune is covered by ASCAP et al, performing rights licenses are available to anyone.rcwjd said:The same would be true of public performances I suspect.