#1

Okay, my band (as some might know) want to make an EP including the song sixteen tons (a cover but we play it completely differently). Now the songwas written by Merle Travis in 1945 and covered by Tenesee Ernie Ford in 1955. Travis has been dead since 1983 and Tenesee Ernie Ford has been dead since 1991, how could I find out if I have to pay royalities?? and if I have to pay them how do I find out who owns the rights and how would I contact them??

this whole thing is very confusing and any help would be very much apreciated.
#2
Didn't you already ask this question?

Anyway, unless you get signed to a major or well known record label, their estates are probably not going to notice you. Even though that's not what the law of copyright states, they can't sue you if they've never heard of you.
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#3
Quote by Sonicxlover
Didn't you already ask this question?

Anyway, unless you get signed to a major or well known record label, their estates are probably not going to notice you. Even though that's not what the law of copyright states, they can't sue you if they've never heard of you.
yeah but they're relatives can sue us if they hear us, anyway it's not that I think they would sue us, I just think that it would be good to now this for the future.
#4
Crap... I'm SURE I just answered this yesterday or the day before.

You pay a licencing fee of about 7.5 cents per each copy you make - not each copy you sell. So, it doesn't matter if you're giving them away or selling them for a million bucks a piece. Look up Harry Fox, CMRRA, or a similar licencing organization in your country.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#5
u did answer this yesterday and you told me that, the question really is, how do I find the people to whom I must pay royalities??
#6
In Canada: http://www.cmrra.ca/What_is_CMRRA_3/what_is_cmrra_3.html

In the USA: http://www.harryfox.com/index.jsp

You'd have to research a bit to find a similar organization for Hungary.

Here is a great article that might yield more info.

http://www.jenniferrybine.com/articles/cover_quagmire.htm

In short, you start with these licensing databases, and if they're listed (there is a VERY good chance it is) then you're good to go. You don't need to contact anyone else. If they're not listed, you have to research who the publisher is, which is a bit more involved. That article on the cover quagmire touches on this very situation.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#7
I found out the other day that music copyright ends 50 years after the song was first made, wouldn't trust anything I learned in school though.
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#8
Quote by renegade2031
I found out the other day that music copyright ends 50 years after the song was first made, wouldn't trust anything I learned in school though.


No, that's true. After 50 years, music is in the property of the public domain.
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#9
Recently extended to 70 years.

www.copyright.org.au%2Fpdf%2Facc%2Finfosheets_pdf%2FG023.pdf

http://en.wikipedia.org/wiki/Sonny_Bono_Copyright_Term_Extension_Act

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#10
Of course, it DOES depend on where you live.

Here in Canada, it is still at 50 years.

From the Canada Copyright Act:

"The term for which copyright shall subsist shall, except as otherwise expressly provided by this Act, be the life of the author, the remainder of the calendar year in which the author dies, and a period of fifty years following the end of that calendar year. "

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#11
i actually think if you change it by a certain percent then there's nothing the original artists can do, BUT..... i just heard that from a friend so don't take my word for it.



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#12
Have your friend check his source.

Generally, if you take *any recognizable part* of a work, you are infringing.

Now, some things are more recognizable, and therefore more significant than others, but you can bet your @ss that if you took the chorus melody of For Whom The Bell Tolls and re-wrote it so it was, like, Nor Tomb the Hell Foals and claimed that you changed it significantly, that Lars and Co. would be getting all Medieval on yo @ss.

Similarly... if you took a song by a relatively less popular artist of another genre. Say...."Constant Craving" by KD Lang. Change the lyrics entirely, and just use the chorus melody. Call it something totally unrelated. How about "Has Anybody Seen My Baby?" Would you wind up in court? The Stones did for exactly that.

Now... there is another angle on that. That is the 'fair use' dealings that people talk about. Fair Use has sweet f-all to do with file-sharing, but that is another matter. Among the Fair Use allowances, is to parody a song. The Stones would have been laughed out of court if they tried to say they were doing a parody of KD Lang's tune.

AFAIK, there are limitations. What Weird Al does is most certainly parody, but he uses the entire song, note for note. I would *fully* expect that he would have to license the tune the same way he would as if he were doing a legitimate cover of it. Where parody comes in would be usage where you would use a line or two of a familiar song, changing a couple of the words for comedic effect kind of thing.

If you're going to pull the fair use card... be prepared to have to defend it in court. Fair use is often ruled one way or the other by a judge.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
Last edited by axemanchris at Sep 15, 2008,
#13
Okay I'll sum it all up even though some people have said it:

Find your country in Axemanchris' post.

Hfa lisence are: 9.1 cents for a song 5 minutes and under, and 1.75 cents for every minute if the song is over 5 minutes (meaning a 6 minute song is 10.5 cents, not 10.85 cents if you take 9.1 + 1.75)

The money you pay for the lisences is automatically sent to the publishing companies (or so says HFA) and then it said usually the publisher gets 1/2 and the band gets 1/2.

so that's that.
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#14
Yes to that...

Interesting to note that whatever licencing agency you go through (or more to the point.... the artist goes through....), the rates are somewhat different. Going through CMRRA in Canada, the rate for 'pay as you press' is 8.2 cents for the first five minutes, and 1.61 cents for each additional minute for each song. Slightly different, but comparable.

To use Corruption's example, a six minute song would be 8.2 cents + 1.61 cents = 9.81 cents.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.
#15
Quote by axemanchris
Crap... I'm SURE I just answered this yesterday or the day before.

You pay a licencing fee of about 7.5 cents per each copy you make - not each copy you sell. So, it doesn't matter if you're giving them away or selling them for a million bucks a piece. Look up Harry Fox, CMRRA, or a similar licencing organization in your country.

CT


Yeah, Fox is the biggest one as far as I understand. They make it super simple, as in, you tell us what songs you're playing, we tell you how much it costs. Done.


(but in reality it's proabaly not quite as simple).
#16
Depends on where the artist is from. For Canadian artists, CMRRA is biggest.

Your description, though... yeah, it pretty much is that simple.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.