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Topic: Cutting a CD Album? |
Jerry Roller
From: Van Buren, Arkansas USA
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Posted 12 Apr 2008 6:34 am
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I would appreciate responses from those who have CD's of their playing. I would like to make a CD and I need to know how you go about getting permission to use someone's material. I see and hear many CDs which are mostly made up of very popular songs and of course these songs are property of the writers and I assume are registered with Ascap, BMI etc. Can you please tell me how this is addressed so I can begin the selection of songs I would like to record. I have some of my originals but I am sure those who might buy a CD would want it to contain some of the old songs.
Thanks,
Jerry |
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Tony Prior
From: Charlotte NC
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Posted 12 Apr 2008 7:11 am
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Well Jerry this is an interesting question and may draw some interesting observations as well.
Your originals, you should always have them copyrighted, especially if you are going to SELL music.
Regarding those OTHER songs that you speak to, well, many I suppose just stay under the radar and do nothing , others will secure the Mechanical License for two reasons, self protection and the fact that you are using someone else's Music wh8ich they deserve to be paid for. The easiest way is to go up to the Harry Fox website and obtain the Mechanical Licenses based on the qty/ rate and pay a fee. There are other ways to obtain the licenses but this is probably the easiest , fastest and very secure.
Determine how many CD's you may sell or give away, and thats your number. Don't pay for 1000 pieces if you will never reach selling or giving away 200.
I publish a few CD/TAB projects and always secure the licensing, better to pay a few bucks and sleep at night then to have some Lawyer call you out of the blue at 3 AM.
IF you are going to blend originals with some traditional tunes this would be a very good investment , I say go for it !
good luck
tp
Last edited by Tony Prior on 13 Apr 2008 1:11 am; edited 2 times in total |
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Mike Perlowin
From: Los Angeles CA
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Posted 12 Apr 2008 8:07 am
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Tony is right about mechanical licensing and the harry Fox agency.
Here is a link:
http://www.harryfox.com/index.jsp
It should be noted that once you've paid the fee and have the license, you don't need permission of the copyright owner. In fact, they can object strenuously and attempt to demand that you not do their song, but if you have the license, they have absolutely no legal way of stopping you. _________________ Please visit my web site and Soundcloud page and listen to the music posted there.
http://www.mikeperlowin.com http://soundcloud.com/mike-perlowin |
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Donny Hinson
From: Glen Burnie, Md. U.S.A.
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Posted 12 Apr 2008 10:24 am
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Mike Perlowin wrote: |
It should be noted that once you've paid the fee and have the license, you don't need permission of the copyright owner. In fact, they can object strenuously and attempt to demand that you not do their song, but if you have the license, they have absolutely no legal way of stopping you. |
That's true. It's also true that some writers might let you use their stuff for a lot less. You can negotiate directly with the writer or publisher, but often it's easier (though far more expensive) to go through the HFA.
I actually look forward to the day when artists can get paid directly for their works, rather than having to rely on some multi-million dollar "agency" that collects for them, and siphons off much of their profits. |
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Keith Hilton
From: 248 Laurel Road Ozark, Missouri 65721
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Posted 12 Apr 2008 10:24 am
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Jerry, everything is solved if you have your CD's copied at a place that is in that business. There are several places that reproduce CDs from masters in Branson. They simply look and see if a song is on BMI, ASCAP, or FOX and add a few pennys to your cost per CD. It is a standard fee, which only amounts to pennys. You don't have to get permission to do the songs, just pay royalties. If you copy the CDs yourself, it is a whole different story. Hope this information helps. |
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pdl20
From: Benton, Ar . USA,
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Posted 12 Apr 2008 9:48 pm cd's
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Harry Fox Agency is how i did mine and you can pay by credit card.one song at a time . |
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John Macy
From: Rockport TX/Denver CO
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Posted 13 Apr 2008 9:41 am
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The current Statutory Mechanical License Rate is $.091 per song/per copy. $9.10/100 copies--$91.00/1000 copies.
Harry Fox used to not license for less than 500 copies, but they have relaxed this requirement.
All artists have the right to be paid directly if they are there own publishers. Most go to Harry Fox, which takes a 15% commission, for collection due to the ease of finding and paying for a license--otherwise it's a lot of time and paperwork for a one man shop or even a large publisher...
Many pressing plants are requiring copies of your mechanical licenses before they duplicate to protect themselves from any litigation if they are not paid. Keith mentioned some duplicators will assist you and build it into your cost. I would price it out and see if it really saves you money--you can do your own very easily, and I would think they have to build in costs for their time to do it into their price... _________________ John Macy
Rockport, TX
Engineer/Producer/Steel Guitar |
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Mike Perlowin
From: Los Angeles CA
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Posted 13 Apr 2008 10:23 am
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John Macy wrote: |
The current Statutory Mechanical License Rate is $.091 per song/per copy. |
This is true, but only if the song is under 5 minutes in length. On my new CD (which I hope to have available by June,) 4 out of the 5 pieces it contains are longer than that and I had to pay extra. One piece is 22 minutes long, and the license for that one alone cost me over $400. I forget the exact amount.
On the other hand, the total amount I had to play for the 5 long pieces on this CD was less than the about I had to pay for the 20 shorter songs for West Side Story. _________________ Please visit my web site and Soundcloud page and listen to the music posted there.
http://www.mikeperlowin.com http://soundcloud.com/mike-perlowin |
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chris ivey
From: california (deceased)
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Posted 13 Apr 2008 11:39 am
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how much does 'gloria' cost?? |
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Mike Perlowin
From: Los Angeles CA
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Posted 13 Apr 2008 11:58 am
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chris ivey wrote: |
how much does 'gloria' cost?? |
Chris, you're just going to have to come the the Phoenix show next year and become one of the fabled Mike-ettes" to find out. _________________ Please visit my web site and Soundcloud page and listen to the music posted there.
http://www.mikeperlowin.com http://soundcloud.com/mike-perlowin |
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