Re: copywrite law on republising or remaking a song
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Posted by Stephen L. Anderson on December 20, 2001 at 10:17:35:
In Reply to: copywrite law on republising or remaking a song posted by Felicita I. Miranda on December 20, 2001 at 07:04:25:
We can help. Check out www.copyrightpros.com
Our firm can help you to determine the current publisher of a song and to obtain clearance to use the song and/or to negotiate a license for royalty purposes.
We can also help to PROTECT YOUR own inspired version of the song.
HERE'S A GENERAL OVERVIEW OF THE PROCESS:
First you would need to determine as much as possible the exact song title, songwriter, music publisher, and performing rights organization for each song you are interested in using. Most CD booklets, record sleeves or cassette J-cards include some (if not all) such information.
Next you would need to contact the publisher and/or publishing agent to request permission and the terms of license.
ASCAP, BMI, and SESAC Repertory are the most common performing rights organizations, who can assist you in obtaining the name, address and phone number of the publisher who controls the copyright to the music you are interested in using.
Next you need to contact the publisher to obtain written permission (known as a "mechanical license" for a song or songs they control.
If you are recording songs for commercial release, you are required to obtain a mechanical license from the publisher. (If you are using a song for a film, television show or commercial advertisement, you are required to obtain a synchronization license from the publisher.) The mechanical royalty rate is set by the Compulsory License Provision found in Section 115 of the U.S. Copyright Act; as of January 2000, the current mechanical rate was $.0755 per five minutes (or $.0145 per minute for works above five minutes) of music used per unit sold — whichever is greater.
FINALLY, you must also receive permission from the record label on which the song was released (and occasionally the artist who recorded the song) if you are using a commercially released recording of a particular song.
The majority of large U.S. music publishers are members of the National Music Publishers Association. NMPA’s administrative agent, the Harry Fox Agency, is available to grant mechanical and synchronization licenses for its publisher clients.
FOr more information and assistance, go to www.copyrightpros.com
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