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Podagee57
Lokahi
USA
280 Posts |
 Posted - 11/13/2008 : 08:43:15 AM
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I did a search a got a little understanding but not clear.
What is it? How do you get it? And, how does it work, ie what rights does it give to one who acquires it.
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What? You mean high "E" is the TOP string. No way dude! That changes everything! |
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Mark
Ha`aha`a
USA
1628 Posts |
Posted - 11/13/2008 : 09:20:31 AM
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Here's a quote from the Harry Fox Agency that says it a lot better than I can:
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A mechanical license grants the rights to reproduce and distribute copyrighted musical compositions (songs), including uses on phonorecords (i.e. CDs, records, tapes, and certain digital configurations). The Harry Fox Agency was established to license, collect, and distribute royalties on behalf of U.S. publishers that own and/or control the rights to musical compositions. Simply stated, if you want to record and distribute a song that was written by someone else, or if your business requires the distribution of music that was written by others, you must obtain a mechanical license.
In a nutshell, it means that you are paying for the rights to record a song. You can do any dang thing you want to the song-save claiming authorship-when you record it: do an instrumental version, drop a verse, change the key, tempo or style.
A mechanical does not let you "publish" the song-- say as TAB. That requires an entirely different kind of license.
If a song has been recorded, you can record it once you obtain permission in the form of a mechanical license. The Harry Fox Agency http://www.harryfox.com/public/index.jsp is the leading clearinghouse for 'em, and they represent just about all the major and minor publishers.
They have a very easy on-line form for obtaining mechanicals for short run CDs (under 2500 copies). Follow the link to "HFA Songfile"
If Harry Fox does not represent the song -- which is true of most Hawaiian songs -- you need to track down the copyright holder and pay them the statutory rate of $.091 per song per unit (CD, cassette) manufactured (not sold). (Or more or less... it can be negotiable. I've done deals with people to record one of my songs in exchange for a beer.)
Again, if a song has been recorded, you have the right to record it - as long as you pay for it. Hence the term "compulsory license."
Hope this helps. Good luck!
(Hey Daryl-- how'd I do?)
(Sorry about the sloppy math-- the rate is now correct. Thanks to Peter and Craig for fact-checking. I owe you both a beer--- or a song.  )
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Edited by - Mark on 11/14/2008 07:49:16 AM |
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Peter Medeiros
`Olu`olu
546 Posts |
Posted - 11/13/2008 : 09:31:55 AM
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quote:
Originally posted by Mark
... you need to track down the copyright holder and pay them the statutory rate of $.91 per song per unit (CD, cassette) manufactured (not sold). (Or more or less... it can be negotiable. I've done deals with people to record one of my songs in exchange for a beer.)
Hey Mark,
did you do one of those beer deals last night. Your unit cost per song is about 82 cents more than it should be. But you are right about the negotiated license, and I'm sure you are well acquainted with the saying "I got it for the price of a song." What will a case of Sam Adams get you?
PM |
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keoladonaghy
Lokahi
257 Posts |
Posted - 11/13/2008 : 12:20:38 PM
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| I disagree strongly (as do a few IP lawyers I know) regarding the assertion that you can create an instrumental version of a song with lyrics via a mechanical or compulsory license, but we've gone through that discussion before here. It probably won't get settled unless someone actually sues on it and wins or loses on the issue. |
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Podagee57
Lokahi
USA
280 Posts |
Posted - 11/14/2008 : 06:58:06 AM
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quote:
Originally posted by Mark
If Harry Fox does not represent the song -- which is true of most Hawaiian songs -- you need to track down the copyright holder and pay them the statutory rate of $.91 per song per unit (CD, cassette) manufactured (not sold). (Or more or less... it can be negotiable. I've done deals with people to record one of my songs in exchange for a beer.)
So am I understanding this correctly? You pay 91 cents per song, per CD? So a CD with ten songs on it would cost $9.10 in royalty fees? Or do you mean .91 of a cent? |
What? You mean high "E" is the TOP string. No way dude! That changes everything! |
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cpatch
Ahonui
USA
2187 Posts |
Posted - 11/14/2008 : 07:22:32 AM
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Mark missed a '0'...it's actually $.091 or 9.1 cents per song per CD (for songs up to five minutes long):
http://www.harryfox.com/public/FAQ.jsp#3 |
Craig
My goal is to be able to play as well as people think I can. |
Edited by - cpatch on 11/14/2008 07:26:51 AM |
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Mark
Ha`aha`a
USA
1628 Posts |
Posted - 11/14/2008 : 07:47:17 AM
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quote:
Your unit cost per song is about 82 cents more than it should be.
So's the cost of a pint. Sorry for the confusion, I'll fix the decimal point.
quote:
I disagree strongly (as do a few IP lawyers I know) regarding the assertion that you can create an instrumental version of a song with lyrics via a mechanical or compulsory license, but we've gone through that discussion before here. It probably won't get settled unless someone actually sues on it and wins or loses on the issue.
I'm hip, KD. From a Hawaiian perspective, you are correct that eliminating the lyrics renders the song meaningless.
But take a look at the recorded output of any jazz artist. Last time I looked, "My Favorite Things" had lyrics, but I'd doubt Rogers & Hammerstein kicked up a fuss when 'Trane made it his own.
And then there is Iz, whose reworking of the melody, the chord structure and the lyrics of "Somewhere Over the Rainbow" bears little resemblance to the tune as written. But it did make a bundle for the publishers.
The bottom line is, as far as our lad Portugee is concerned, all he has to do to obtain a license is to... well, obtain a license.
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slipry1
Ha`aha`a
USA
1511 Posts |
Posted - 11/14/2008 : 11:07:00 AM
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quote:
But take a look at the recorded output of any jazz artist. Last time I looked, "My Favorite Things" had lyrics, but I'd doubt Rogers & Hammerstein kicked up a fuss when 'Trane made it his own.
Yeah! And the lyrics are (as typical with Oscar Hammerstein), pretty insipid and forgetable - pure treacle. Coltrane's version is wonderful, and he pushes the envelope rhythmically and harmonically. |
keaka |
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wcerto
Ahonui
USA
5052 Posts |
Posted - 11/14/2008 : 11:32:55 AM
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| But then why did George Harrison get sued for "My Sweet Lord"? |
Me ke aloha
Malama pono,
Wanda |
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cpatch
Ahonui
USA
2187 Posts |
Posted - 11/14/2008 : 11:44:08 AM
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quote:
Originally posted by wcerto
But then why did George Harrison get sued for "My Sweet Lord"?
Because he used a significant portion of the The Chiffons' "He's So Fine" (whether consciously or subconsciously) without giving proper credit and paying proper royalties. (He eventually bought the rights to the song.) |
Craig
My goal is to be able to play as well as people think I can. |
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Mark
Ha`aha`a
USA
1628 Posts |
Posted - 11/14/2008 : 2:30:57 PM
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quote:
And the lyrics are (as typical with Oscar Hammerstein), pretty insipid and forgetable
What, you don't like "Raindrops on kittens all tied up with string?"
Kinda has a nice quality that way.
Speaking of which, try singing the words to "Mack the Knife" to the chorus of "My Favorite Things:"
"When the shark bites... with his teeth, dear...scarlett billows... start to flow... I simply remember my favorite things... and then I don't feel... no mo'"
-- Look out old Julie's back!!!!!!
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wcerto
Ahonui
USA
5052 Posts |
Posted - 11/14/2008 : 2:55:32 PM
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Don't tie up a kitty. Besides which a kitty would rip your face to shreds if you should even try such a stunt.
Kitties don't like raindrops and they don't like to be restrained.
See my popoki aloha. She would eat your face and shred your arms. Grrrr says `Oni`Oni.
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Me ke aloha
Malama pono,
Wanda |
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Retro
Ahonui
USA
2368 Posts |
Posted - 11/14/2008 : 3:06:03 PM
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quote:
Originally posted by Mark
Last time I looked, "My Favorite Things" had lyrics, but I'd doubt Rogers & Hammerstein kicked up a fuss when 'Trane made it his own.
Well...Oscar wouldn't have, as he was dead for about two months when Trane put the album out.  |
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RJS
Ha`aha`a
1635 Posts |
Posted - 11/14/2008 : 8:42:24 PM
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| Do you just happen to have those two bits of trivia in the instant recall section of your brain? (ie. OH's day of death and Trane's release date?) |
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Podagee57
Lokahi
USA
280 Posts |
Posted - 11/15/2008 : 09:50:59 AM
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| Thanks for clearing that up guys. Very much appreciated. |
What? You mean high "E" is the TOP string. No way dude! That changes everything! |
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Retro
Ahonui
USA
2368 Posts |
Posted - 11/15/2008 : 1:26:02 PM
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quote:
Originally posted by RJS
Do you just happen to have those two bits of trivia in the instant recall section of your brain? (ie. OH's day of death and Trane's release date?)
Instant recall? I can barely get that region to function when I walk from room to room. (Now, why did I come in here again?)
What I did recall right away was that they occurred somewhere around the same time - late 1960 or early 1961 - but I did have to research the exact dates. |
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