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noeau
Ha`aha`a
USA
1105 Posts |
 Posted - 07/21/2009 : 11:06:34 AM
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I'm in the studio now and Iʻm at a loss as too how to find who holds copyrights to songs. I need licenses before I release. Any body know about this kine stuff? Iʻd appreciate some advice.
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No'eau, eia au he mea pa'ani wale nō. |
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 07/21/2009 : 1:19:16 PM
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If you just want a "Mechanical license" to record a song you should be able to resolve most issues through the Harry Fox agency (google them). If you want to get copyright release for printing lyrics it is much more complicated.
This issue has been discussed at great length several times before so you can search "copyright" or "mechanical" on Taropatch (make sure you include an archive search) and you will probably get more information than you want.
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
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Retro
Ahonui
USA
2368 Posts |
Posted - 07/21/2009 : 3:22:19 PM
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Yeah, but I think there's been a general feeling that Harry Fox Agency doesn't have accurate, up-to-date records for much in the way of Hawaiian music. At least, they failed us big-time a few years ago when we used their services for Muzak. They took our money, claimed they were handling the mechanicals - then had to refund tens of thousands of dollars when several publishers threatened to sue Muzak for non-payment. Their records on Hawaiian music were worthless, unless it was a big hit number, recorded dozens of times already.
I think noeau needs to find out if there's anybody in Hawai`i who is knowledgeable and connected enough to the local scene to steer him towards the right information. |
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`Ilio Nui
`Olu`olu
USA
826 Posts |
Posted - 07/21/2009 : 3:35:35 PM
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Most artists and publishers are either BMI and ASCAP. Both have good search engines. Start there. Many will lead back to Harry Fox as their agents.
dog |
Wag More. Bark Less |
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Ahonui
USA
2368 Posts |
Posted - 07/21/2009 : 4:11:24 PM
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If I haven't said it clearly enough, Al, I will try to do so now.
Do not trust Harry Fox Agency to have accurate information regarding licensing of Hawaiian music.
Beyond that world, Dog & Lawrence are right on the money. |
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`Ilio Nui
`Olu`olu
USA
826 Posts |
Posted - 07/21/2009 : 6:51:38 PM
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Gregg, I'll certainly take your word for it. Never dealt with them for Hawaiian music, but I have for another release. Finally ended up contacting the writer directly and got a better deal. Thanks for the heads up.
dog |
Wag More. Bark Less |
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Ahonui
USA
2368 Posts |
Posted - 07/21/2009 : 7:56:06 PM
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quote:
Originally posted by `Ilio Nui
... I have for another release.
Me too, dog, as the producer and a partner in the record label. But that was for a jazz album, mostly standards, and they had pretty much everything we needed; that's an area where HFA is really strong.
Your point about contacting the writer directly is a really good one for people to know, especially when the writer handles their own publishing. I wonder if that would be the case with any of the material Al's after? |
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noeau
Ha`aha`a
USA
1105 Posts |
Posted - 07/21/2009 : 8:27:36 PM
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| I donʻt know. Some of these writers may be make awreddy. And sometimes when the song gets printed the publisher holds the copyright. I have looked before and I no can find anything very easily. Maybe that is a project for someone more enterprising than me. Develop a data base that helps to find who to contact for mechanicals. I also heard that sometimes a mechanical is not enough. For example if I choose to include lyrics in the CDʻs literature, do I have to pay for that? |
No'eau, eia au he mea pa'ani wale nō. |
Edited by - noeau on 07/21/2009 8:28:38 PM |
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`Ilio Nui
`Olu`olu
USA
826 Posts |
Posted - 07/22/2009 : 04:15:56 AM
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Here's an interesting letter about obtaining licenses. Very informative.
Remember, you cannot be denied a license, so try the "Notice of Intention to Obtain a Compulsory License with the Library of Congress, Copyright Office, Licensing Division" if all else fails. There is info in the above letter.
Good luck!
dog
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Wag More. Bark Less |
Edited by - `Ilio Nui on 07/22/2009 04:41:06 AM |
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Fran Guidry
Ha`aha`a
USA
1583 Posts |
Posted - 07/22/2009 : 05:58:43 AM
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A few years ago I heard that Eric Lagrimas was offering a clearance service. You can contact him at http://www.akamaibraincollective.com/contact.htm and see if he's still offering this service.
When we spoke to Kanoe Miller's husband about the production of her hula video, he said that tracking down the rights was by far the hardest part of the project.
Fran |
E ho`okani pila kakou ma Kaleponi
Slack Key on YouTube
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 07/22/2009 : 09:15:33 AM
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quote:
For example if I choose to include lyrics in the CDʻs literature, do I have to pay for that?
Warning - as I mentioned before, you are potentially opening a very big can of worms if you want to publish lyrics of other people's work. On the last project that I am familiar with (just released recently), it took most of TWO YEARS to get the releases. On at least one song the release was never obtained (even after two years effort), so the printing of the lyrics on this song had to be removed, causing a significant additional delay in the artwork schedule.
With mechanicals, it is a different story, the copyright owner can be compelled to release.
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
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Darin
Lokahi
USA
294 Posts |
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noeau
Ha`aha`a
USA
1105 Posts |
Posted - 07/22/2009 : 1:55:40 PM
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| Mahalo for all the help got 75 % of songs listed on ASCAPʻs data base and the oneʻs not there Iʻll try the copyright office. Some of my chosen tunes are traditionals too so it is a little easier to deal with. Weird tough some songs have3 or four copy right holders or administrators. Do I goota check with all of them for permission to use the song? |
No'eau, eia au he mea pa'ani wale nō. |
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Darin
Lokahi
USA
294 Posts |
Posted - 07/22/2009 : 5:06:15 PM
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| Yep, depending on what you're using it for, you'll need a license or mechanical from whoever is an owner. |
Darin
http://www.hawaiiguitar.com/ |
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noeau
Ha`aha`a
USA
1105 Posts |
Posted - 07/22/2009 : 8:53:57 PM
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| Darin, Thanks for the info. There is a lot to digest. All the suggestions are good ones and I seem to have alot of work cut out before I actually release the CD. |
No'eau, eia au he mea pa'ani wale nō. |
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kuulei88
Akahai
USA
75 Posts |
Posted - 07/25/2009 : 09:35:30 AM
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E No'eau: multiple copyrights pop up for songs because an original ARRANGEMENT of a song can be copyrighted by the ARRANGER. If you are reproducing the musical NOTATION, you need clearances from the copyright holder of the SONG, AND ALSO the copyright holder of the ARRANGEMENT.
To reproduce only the lyrics, you need to deal with the owner of rights to the song itself. It may be any of the following:
- the songwriter himself or herself
- the songwriter's publishing company
- the mega-company like EMI who may have bought up songwriters' publishing companies
Mainstream songwriters are usually registered with ASCAP or BMI or that other one focused on country music (sorry country music fans--proper name escapes me right now). But in a niche market like Hawaiian music, songwriters and publishing are not centralized.
good luck. |
amy k |
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Topic |
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License
