How can I get permission to record a song?

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Forum -> Hobbies, Crafts, and Collections -> Music and Performing Arts

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amother

Tue, May 05 2020, 1:58 am

If I want to cover a song, how do I go about that? I have no idea how the legal process works.

trixx

Tue, May 05 2020, 2:22 am

Reach out to the artist for starters

Amarante

Tue, May 05 2020, 2:34 am

Songwriters register with either BMI or ASCAP with a few registered with SESAC. You pay what is called the statutory rate for each record sold to the applicable agency. I am nit sure what the current rate is but you would pay when you file with appropriate paperwork to the appropriate performing arts society.

There is no right to record a song until it has been recorded one time and then anyone has the right to record by paying the statutory rate as outlined.

This is assuming US based songwriter and recording company. Most countries have a similar structure but I am familiar with US and European copyright structure.

amother

Khaki

Tue, May 05 2020, 11:31 am

Curious about your post OP-
so whoever posts cover songs get permission for this?
Is this also true for just singing the lyrics?
What if it's just on my personal social media and not a monetized post?

Amarante

Tue, May 05 2020, 11:40 am

amother [ Khaki ] wrote:

Royalties for internet are different than for records. Royalties for records are called mechanicals in the industry because they were originally intended for mechanical forms of reproduction of a song. No permission is needed once the song has been recorded but you pay the statutory mechanical licensing fee.

Internet royalties are different and are more like the performance royalties that radio stations pay to play music.

If you are singing lyrics, you are performing a sing and depending on how it is being used, different royalties might apply. If you play recorded music, different rules apply since there is the song and the recording which have separate copyrights. If you perform a song in a public venue, that venue theoretically should be paying copyright payments. Restaurants and bars which play music need licenses and must make payment to copyright owners.

sidewalkchalk

Tue, May 05 2020, 11:56 am

Amarante summed it up very well!

This is also an excellent resource: https://www.easysonglicensing.......aspx

And I'm also curious what you had in mind....

amother

Khaki

Tue, May 05 2020, 12:13 pm

Amarante wrote:

Thanks Amarante- but still curious if anyone who posts a cover song on Instagram or Facebook actually pays to post it?? Can some singers chime in over here? (sorry OP if I'm hijacking your post)

Amarante

Tue, May 05 2020, 12:51 pm

amother [ Khaki ] wrote:

Thanks Amarante- but still curious if anyone who posts a cover song on Instagram or Facebook actually pays to post it?? Can some singers chime in over here? (sorry OP if I'm hijacking your post)

That is impossible to answer since it would depend on the likelihood of the song being discovered but technically money is supposed to be paid and the licensing organizations do attempt to track down people but it's a cost benefit analysis since an obscure Facebook page is not going to generate enough royalties to make it worth going after.

It's the same as playing music in a retail store. Theoretically you owe money if you play music in a store or restaurant - even if you just turn on the radio. However, they are going to go after Macy's or a big chain restaurant and it is unlikely that they are going to go after a dry cleaner who has the radio playing in the background.

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