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Q. I have recently recorded a CD which is mostly original works. However, there are 2 cover songs on there and I am having a hard time figuring out how to get permission to release them on the CD. Is it enough to simply credit the artists on the disc itself? I've been told many contradictory things. Thanks for your time! -George
Mentor Harold Payne responds. Visit his Mentor Page here: Mentors
A. It’s good that you are taking care of these matters now--not only because it’s the right thing to do, but because you are preparing for success. Not handling the “little” things can come back and bite you later.
The first order of business would be to contact the Harry Fox agency. Most likely, the two cover songs are licensed by them. If so, they will send you a mechanical license. Once a song has been recorded for the first time (and a “first use” license is granted) anyone can record the song. You would have to pay the statutory rate, which is currently 7.55 cents (unless you ask for and are able to negotiate a lesser rate). You mentioned these were cover songs, inferring that they have already been recorded. If you wanted to record an outside song that had not yet been recorded, you would have to get permission first.
The Harry Fox agency will also require a payment from you (the label) of about $37.50 per song, which is an advance on the first 500 units (this is for labels with whom they have not yet established a relationship). If, for any reason one or both of these songs are not licensed by The Harry Fox Agency, then you can contact BMI and/or ASCAP, or use the search function on their websites to find out the name and contact information for the publisher and do the mechanical license with them directly. You can ask them to send you one, or use a form from an attorney or someone you know.
You should give writer and publisher credit on your CD if possible and pay the 7.55 cents per unit, per song to the appropriate parties. If you really want to get into good habits, you (the record company) will also pay yourself as a writer/publisher as well. You might also want to have Harry Fox handle your own sync and mechanical licenses as well.
Note… The Harry Fox Agency is actually part of the NMPA (National Music Publishers Association). As the story goes, Harry Fox was a very zealous employee of the NMPA who sent out communications on his own letterhead. His name became synonymous with the licensing, so it stuck. You can contact them at www.HarryFoxAgency.com or at their "client services" number, 212-834-0100. Good luck with your CD release!