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Author Topic: Recording tunes  (Read 1658 times)

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Andy in Vermont

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Recording tunes
« on: May 06, 2011, 06:55:50 PM »

I'm not sure whether this post/question belongs here or in another part of the forum.

My questions relate to paying what is due when one records a tune that is known to be recorded by a living artist.

Let's say that I record "Canal en Octobre" by Fredric Paris.  Besides crediting him on the CD, what do I need to do to make it legal and make sure everyone is happy?  Anyone here an IP lawyer? 

-Andy

oggiesnr

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Re: Recording tunes
« Reply #1 on: May 06, 2011, 10:35:51 PM »

If it's on a "commercial" CD then you have to pay for the right.  Rules vary in different countries but in the US it's 8.5 cents for a song under five minutes so a 1,000 CD run is $85 per song/tune.  The why's and where's are complicated, I suggest you start here and explore http://www.vocalist.org.uk/recording_cover_songs.html.

Have fun

Steve
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Clive Williams

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Re: Recording tunes
« Reply #2 on: May 07, 2011, 01:14:35 AM »

Different countries (the country of the composer) have different rates/rules/people that you pay. In the UK, it's MCPS typically, who pass on any royalties due to the composer, assuming they've registered with them. In France, I believe SACEM does a similar role, so it's probably them you would end up paying. If you were interested in playing Canal en Octobre in particular, Frederic Paris has an agent that he likes any queries like this through - PM me if you want his details.

Also, don't forget to get the composer's permission to record it if possible; I'm not sure if it's a legal requirement (in the UK I suspect it is), but it's also nice to be polite, isn't it?

Cheers,

Clive

Clive Williams

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Re: Recording tunes
« Reply #3 on: May 07, 2011, 01:17:18 AM »

PS: Yes, having a quick glance on SACEM's website, in France it is a requirement to get the composer's permission to record their tune first.

Andy in Vermont

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Re: Recording tunes
« Reply #4 on: May 07, 2011, 05:10:01 AM »


Also, don't forget to get the composer's permission to record it if possible; I'm not sure if it's a legal requirement (in the UK I suspect it is), but it's also nice to be polite, isn't it?

Hi Clive,
Thanks for the info on SACEM, I'll look into it.  As for getting the composer's permission, I do know how to do that so I didn't ask about that in my post.  It's the payment part that has me mystified.

On a related note, and certainly more controversial: since many tunes composed by musicians (in "trad" genres) are played openly in commercial settings, such as festivals and concerts, without paying the composer and also without the composer taking legal action to recover damages in every instance, I wonder whether the composers ultimately lose the legal right to pursue payment. 
-Andy

oggiesnr

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Re: Recording tunes
« Reply #5 on: May 07, 2011, 07:49:49 AM »

If they're played on stage then the composer will receive a payment via PRS (if the organiser is doing their job properly and filling in PRS returns).

Steve
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