Hi everyone!

I don't know if this is the right section of the forum to ask this question but bear with me pls.

I would like to do a cover/''remix'' of a song from a popular artist in my country and I would like to know if any of you had an experience with this and how would you go about approaching the artist and asking the permission to cover their song? More specifically, I would be approaching the author of the arrangement and music, the singer who just sang the song unfortunately passed away few years ago.

Thanks!

 

Last edited by a moderator: Aug 7, 2017

pretty simple, you need permission from the composer if you are going to rearrange the song and most important, you need permission from the record label that obtained the rights to exploit the mechanical rights of the song, otherwise they could take your remix down instantly.

 

If your country's art master didn't give you the go-ahead and still you put your foot down to have a remix, OK, no problem. you're totally free on my works, very welcome. I have no objection.

 

@tonyg0499 thank you!

 

I would really suggest that you make your "legal" homework before you spend time/money/etc.. on your work. The fact that you are asking this question already shows that you are serious about your work (and other's rights)
Which institutions are in charge depends on the country. I'm from EU, but let's take USA for example. (If you'll want to put your work on e.g. YT, Spotify,.. you will have to comply with their policy anyway, or better - they have to respect it)
Your path would be:
- www.ascap.com If you write your song in their database:
- www.ascap.com/repertory you can see who controls what part (writers/publishers), still this guys can't give you the rights to cover. Instead you have to go to:
- www.harryfox.com At the bottom to the left you will see "Need to license a cover song?" banner. Just press it and it will take you to:
- www.songfile.com where you can get the license, IF the song is registered with them (check at the bottom and read the FAQ)

I recently had a problem with a song. I own the copyrights for the video, the sound recording but not the third, "synchronization" right (song composition). The problem is (for instance) that the publisher doesn't permit the video to be put on YT, no matter what(!). It's a (real) orchestra + piano piece recording ..so, bummer. Google (YT) tried to negotiate something (like with other publishers) with zero success

 

@Matt777 Too bad you had to go through that
Thanks for all the info, I really appreciate it!

 

Last edited by a moderator: Aug 7, 2017

@mudworm43

I just want you to be clear about one thing I overlooked. You mentioned that you want to do a "cover/remix". A "cover" and a "remix" are not the same thing.
In order to determine the appropriate license, you’ll first need to ask the question – what am I looking to use? Am I creating a cover song? Am I sampling an existing recording? Knowing the difference between compositions and sound recordings is key to determining the necessary license.
Compositions (the underlying structure of the song, including melodies, lyrics, chords, etc.) and Sound Recordings (the fixed master recording and/or audio file) are two separate copyrights.
Compositions are often called “publishing rights,” while recordings are “master rights.” Music publishers and songwriters control the publishing rights, and record labels and recording artists (if they own the label) own and control the master rights.

 

@tonyg0499 Well, I would change the arrangement, use a couple of different instruments to the original and maybe speed it up a tiny bit, the rest would stay the same, same harmonic progressions and the same vocal melody, so I would not mess with the composition and the structure of the song

 

In other words you are not doing a "cover" you are going to be "remixing" by way of using and transforming the Sound Recording. If that is the case heed my advises as well as @Matt77's. Keep in mind that copyright law is jurisdictional. Feel free to contact me by PM if you need me to provide you with forms and contracts we use in similar situations.

 

YouTube has already negotiated with many labels and pays them money so users can post remixes/arrangements of their protected works on YouTube. At the very worst you will have sponsored ads, or if the label is a dick they will mute the audio. This hardly ever happens for remixes/arrangements though, mostly only if you use the actual copyrighted audio in your video. I would just post the remix for free on YouTube (and not try to monetize it) and hope people are inspired by it and purchase your original works.

If you are just playing in clubs or other live venues you don't really need to bother. Even if you sell your CDs at your events the record label will probably never figure out about it.

If you are trying to sell a remix commercially through a label talk to your label as they have whole departments that exist solely for this purpose.

You will likely not recover the costs of all the licenses unless you have a large following so I wouldn't even bother and just hope your remix flies under the radar like the millions of others out there.

I for one think it is absurd that one even needs to think about the legal ramifications of arranging another artist's work. Music would have never evolved to where it is today if people didn't do this. Just one more way those greedy SOBs at the labels are destroying music.

 

@C7 He, Mudworm43, is trying to do the right thing. Doing something that you know is not legal and 'hoping that the remix flies under the radar" is NOT the advice that he asked for NOR the one that should be recommended. Contrary to what you alleged, it is wise to think about the legal ramifications of violating Copyright laws.
Violators of copyright law can find themselves in trouble with the federal government and liable for substantial monetary penalties. Courts determine the amount of fines based on the value of items counterfeited in violation of the law. Cases dealing with over $2,000 in counterfeited or unlawfully reproduced materials are viewed as more serious than violations under $2,000. In either case, defendants can be charged up to $250,000 for each offense committed.Violators of copyright law can find themselves in trouble with the federal government and liable for substantial monetary penalties. Courts determine the amount of fines based on the value of items counterfeited in violation of the law. Cases dealing with over $2,000 in counterfeited or unlawfully reproduced materials are viewed as more serious than violations under $2,000. In either case, defendants can be charged up to $250,000 for each offense committed.
Moreover, the U.S. government takes copyright infringement seriously enough to impose prison time on first-time and repeat offenders. First-time offenders can serve up to five years in prison, while repeat violators can face an additional 10 years. Additionally, you are faced with financial restitution and can be required to reimburse plaintiffs for their attorney's fees and the cost of lost productivity throughout the legal process.
In sum, you have to ask yourself a simple question: Is it worth it?

 

Last edited by a moderator: Aug 8, 2017

I'm very grateful for your involvement with this and that you're willing to provide me with the forms, but unfortunately it's highly unlikely that those forms and contracts will apply to this situation because I'm from Croatia, but be it as it is, I would definitely make sure to get all the permissions I need before doing/recording anything, regardless of already having the whole idea in my head of how the song should sound like, the realization would be the easy part.
Anyway, I wanted to include the song on a soon-to-be release as a cover with an RnB twist to it and that would be changing the arrangement.

Thanks once again for your thoughts on this

 

Last edited by a moderator: Aug 8, 2017

Just to give you an idea. The current statutory mechanical royalty rate for physical recordings (such as CD's) and permanent digital downloads is 9.1¢ for recordings of a song 5 minutes or less, and 1.75¢ per minute or fraction thereof for those over 5 minutes. This is then multiplied by the number of recordings you wish to make. https://secure.harryfox.com/public/RoyaltyRateCalculator.jsp

 

@C7 I know you mean well.. but sadly, if you don't get these things sorted out, you are never gonna reach any satisfactory level in the world of music production. If you want to make music for your soul and give it all away for free, that's ok. Music is a healer for many.. But if OP is asking Q like that, he means business and he will have to spend (lots of) time and money to get things right. The reward: himself being in control of his work - priceless.

I am not from Croatia, but there is a lot going on their music scene. From the country that has 4+ mio population there are lots of videos on YT with 50+ mio views (sung in native lang.!). They have world renowned DJs, great bands, great festivals,..! In such an environment he should be careful, especially dealing with something that was produced by a fellow citizen.. and if he (really) fucks up, he will be judged only by standards of his country legal system (forget those usa 3-letter agencies.. for now)

@mudworm43
Similar as ASCAP (in USA) you have HDS and HUZIP and others http://www.huzip.hr/linkovi These are "non profit" organizations (yeah, right..), that protect authors BUT also take care of those who want to use the material under their protection. Make them work for you! They are making big money out of percentage of their members revenues. If you have a question (write a mail) - they have to serve you or point you to the right organization. Works internationally if you'd need it (HDS <> ASCAP)

Good luck!

 

@Matt777 Thanks a million! I will definitely look into that

 

@tonyg0499 and @Matt777 you do know that this is a forum filled with people who illegally download warez and samples to produce their music? If you are making a career out of music, or any substantial money from it, then you have no business being here! Most users here are amateur musicians who can not afford the multiple licenses required to "legally" distribute a remix. The best thing for an up and comer to do is to get their music heard and form a following. Worry later about trying to monetize that fan base with your original works.

And no you do not go to jail or get fined for creating remixes or arrangements. These are only civil matters not criminal ones, and almost never go to court. If you are reselling others peoples actual recordings, in say a "Best Songs of 2016" album, without negotiating licenses then you may get into criminal trouble. Creating a unauthorized remix though will at the most result in a cease and desist letter from a lawyer. Usually if the remix is successful then the owners of the copyright will contact you and negotiate some sort of profit sharing. It is not in their best interest to miss out of easy money, and your remix being successful means more money for them.

And I stand by what I said about YouTube and posting remixes for free. Adopt the mentality of a cover band/opening act for a well known band and play stuff people know to win them over then try to get satisfied fans to buy your original works. Trying to profit off a remix is sort of shallow and unoriginal in my opinion, and after all the money your pay to the original artists it almost isn't worth it profit wise.

Also, like I said earlier if you are well known and signed to a label they will handle all of this for you. If you are on your own though and don't even have a manager then in my opinion it is a waste of time and money, that you probably wont earn back through any sales.

By the way, the Dance Music Production course on Remixing advocated exactly what I am.

 

Last edited: Aug 8, 2017

@C7
First, don't just throw me and tonyg0499 in to the same pot. We disagree on many things (in fact not so long ago, we had quite a quarrel, if memory serves.. but who cares). And that is perfectly all right by me. Why should we always reason the same way.

This is a speculation that is indeed offensive to this forum as it is to the members. This forum, as it was established, has nothing to do with warez. There are strict rules that indicate it (linking,..). There are probably(??) many members with comps full of warez, but I know for FACT(!!), there are many members with an arsenal of legal SW and HW, that would make avicii and the likes jealous!

I gave the OP an answer and tried to help to the best of my knowledge. If I'm technically wrong you are welcome to correct me.

It is absolutely clear that you don't even know the difference between legal consequences of copyright infringement and on the other hand, use of illegal software.. the owner of copyright really does not care if you made your cover ..or whatever, with legal or illegal software ...and as I'm writing this basic stuff, I just realized I'm wasting my time..

So, can we end it here and leave to the OP to choose the information he finds useful? Or should we drag it on..

 

Guys, no need to argue over this, I got more than plenty of info so far and I really, really appreciate it, no need to drag this any further

I thank all of you once again for your help!

 

To my ears, exceeding 99% of music produced now are so worthless (no matter which country) that I usually don't listen to them, let alone making remixes of them and pursuing the legal systems. So shameful!

Now, bicker over that.