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Legally using “O.P.’s”/“Cover Songs”

Cover songs = songs written/performed by others

Artists/Bands: Once a song is released by an Artist, ANYONE can record and/or perform it as long as you don't change the melody [much] or the words. It is Copyright Law [“Compulsory License”], that allows you to do so.

1. If you are NOT using the song to sell anything/make money from it:

Don’t worry about it - just use it.

2. If you DON’T change the words and or melody, and you’re going to perform both yourself, that is, you are going to re-do the instruments AND the vocal:

If you ARE going to try to profit from it, they cannot turn you down, but you need to notify the owners of the song - that is, the Publisher, so they can issue you a license.

To find the Publisher:

A: check out- http://www.harryfox.com/index.jsp . This is the address for the Harry Fox Agency that represents a good deal of the Publishers.

B:If they don’t have it, and if you know that the company is either BMI, ASCAP or SESAC, check their web sites…

3. If you’re going to use the original recording, that is, you are going to use EITHER the original instruments and/or the vocal [including "Samples"]:

You must get permission from the Record Company - and it’s going to cost you. This includes rappers and other types of music where you’re going to samples and/or make a loop from the recording.

AND, you’ll also still have to get permission from the Publisher, following #2 above.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

"Our aim is to help guide you, protect you,
and to answer any and all of your questions regarding
the Creative, Business and Legal sides of the Music Business,
in plain, easy-to-understand "People-Talk".
No matter what style of Music, no matter what you do,
no matter what stage of your career - we're here for you!
Let us help you save wasted time and money.."

David J. Spangenberg
["Professor Pooch"]

Music Business Consultant,
Educator & Advisor
Contract Specialist


E-mail David at: Pooch@professorpooch.com

 

 

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UPDATED for 2012!

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