Subject: Re: [Harp-L] copyright issues and permission

["Marc Spilka" <marc@xxxxxxxxxxxxxxxxxxx>]

When my old band recorded a CD a number of years ago the deal with Harry Fox 
was there was a set license fee per song, then a charge for how many CDs you 
were having duplicated, plus for some reason an extra charge depending on 
how long the song was.  That part I couldn't figure out.  Any duplicating 
company will not make your CDs without the proof of payment.

Another suggestion regarding copyrighting is to send your CD to the 
copyright office.  You can copyright an entire performance or CD as a whole, 
rather than individual songs.

Also, consider joining ASCAP.  You can start a music publishing company for 
$25.  You can also register as a songwriter for an additional $25.  If by 
some chance in a million someone steals your song and starts making money or 
you sell it to someone, showing proof of publishing is the big deal.  Or so 
I'm told--I'm certainly no lawyer.

Regarding stolen music, I remember years and years ago Steely Dan put out 
the Gaucho CD.  I was a huge fan of theirs and they were definitely regarded 
as real artists in the rock world.  I read something about how they had 
"borrowed" a Keith Jarrett song for part of the music of the song Gaucho. 
After I listened to it I was shocked--they basically stole it.  I was pretty 
disillusioned with them at that point.  When their box set came out years 
after that the songwriting credits had changed to Becker, Fagen, and 
Jarrett.  So I guess they can track you down when you are big time and try 
to get away with this.

Marc Spilka
Los Gatos, Ca


> Subject: Re: [Harp-L] copyright issues and permission
> To: harp-l@xxxxxxxxxx
> Message-ID:
> <4.3.2.7.2.20100329191740.064b2640@xxxxxxxxxxxxxxxxxxxxxxxxx>
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>
> I worked in the copyright department of one of the largest music 
> publishers
> in the world in the 1970's, and have been doing copyright work in the last
> few years for several projects.
>
> First, just to set the stage, by law if a song has already been recorded,
> and if it is still under copyright, the owner of that copyright is
> compelled by law to grant you a license to release another recording of
> that song.  However, you are compelled by law to request a license.
>
> The pointer to the Harry Fox office is spot on.  You file your license
> request through them.  They are a clearing house for the publishers.  The
> publishers receive regular reports concerning who they have granted
> licenses to record to, etc.  You are required to give the owner of the
> copyright, usually the publisher, about ten cents per copy of the song
> sold.  That money used to be collected and distributed every quarter.  I
> don't know if it still works that way.
>
> Back in the 70's, the Fox office did not charge you to file a license
> request.  Now they do.  The full price is $35 per song, or was last time I
> looked.  The good news is that if you expect that you'll be selling low
> numbers, they don't want to pry the full $35 from you.  There is a lower
> fee for small potatoes recording acts that mainly intend to sell a few
> hundred or thousand copies.
>
> Through the years recordings have been released of copyrighted songs where
> the license was not requested.  Big, big trouble ensues.  One such record
> was Kansas City by Wilbert Harrison, a tremendous hit.  His record company
> did not request a license from Leiber & Stoller's company, and wound up
> losing most of their profit in court.
>
> One of my best friends had an interesting job at Warner Bros records back
> in the 90's.  His whole job was to listen to every rap record that Warners
> released to make sure that all samples had been licensed.  Rappers were
> warned that it would cost them dearly if they didn't list and pay for all
> samples.  Many ignored this, and my friend, who really knows music, was
> able to catch many indiscretions before they were released.
>
> On all too many occasions, however, the artist had to pay huge damages 
> when
> copyrighted material was sampled and not licensed.  Copyright owners have
> their own people keeping an ear out for such things.
>
> Don't let any of this scare you off.  Contact the Harry Fox office and
> learn what you have to learn to make your recordings legitimate.  I
> recommend copyrighting your own songs, even though the Copyright Office
> website is one of the worst websites I have ever encountered.  But you do
> not have to request licences for your own material, just for the material
> you release by others.