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#1028161 - 11/03/13 09:39 AM DEMO QUESTION  
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Sausagelink Offline
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Sausagelink  Offline
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If someone records your song to sell at performances, is there any rule/consensus on using their recording as a demo?

#1028178 - 11/03/13 11:45 AM Re: DEMO QUESTION [Re: Sausagelink]  
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Ray E. Strode Online content
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Good Morning,
There is no reason you can't use a song you have licensed for a release for a demo to promote the song. You still own the copyright.


Ray E. Strode
#1028179 - 11/03/13 12:36 PM Re: DEMO QUESTION [Re: Ray E. Strode]  
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John Lawrence Schick Offline
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Originally Posted by Ray E. Strode
Good Morning,
There is no reason you can't use a song you have licensed for a release for a demo to promote the song. You still own the copyright.


Ray may be correct in this situation. Though I have some tracks using an exclusive license. I can't use them. Depends on the terms of the contract.

Wondering what you want to do with the demo. Probably be more difficult interesting a record company/ artist with a demo that's already been released.

John smile


#1028191 - 11/03/13 02:22 PM Re: DEMO QUESTION [Re: John Lawrence Schick]  
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Ray E. Strode Online content
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On an assigned Copyright if you have the opportunity to get the song cut you would just notify the copyright owner for all the legals as they would be adminstering the song. You would just be promoting the song(s).


Ray E. Strode
#1028203 - 11/03/13 07:02 PM Re: DEMO QUESTION [Re: Ray E. Strode]  
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The rule is, they own the Master Rights to that recording. Thus if you wish to use it, you need to get permission from them for such purposes. You might own the copyright on the song, but you don't own the Master Rights to the recording, unless you paid for it.


Jody Whitesides
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#1028221 - 11/04/13 12:20 AM Re: DEMO QUESTION [Re: Jody Whitesides]  
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Jody, when you say paid for it, do you mean paid for the recording session or paid for a recording of the final product? Also, wouldn't it be the same as saying "here's a song off a Conway Twitty album. Give this a listen and see if you want to record it." Conway's just an example. I know he's dead.


#1028223 - 11/04/13 01:26 AM Re: DEMO QUESTION [Re: Sausagelink]  
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Meaning you own the master recording. I'm guessing by your post that you did not pay the band to record your song. Thus, if they paid for it, they own the rights to their recording of your song. You make the writing and publishing off their sales, but you do not own the master rights to distribute it - not without their consent.

Can they stop you if they find out you're doing so? Yes. Will they? Only by asking them if they're ok with you presenting it will you know.


Jody Whitesides
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#1028224 - 11/04/13 01:37 AM Re: DEMO QUESTION [Re: Jody Whitesides]  
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I hope I understood your question fully. I seldom have others do demos of my registered and copyrighted songs... but if I were to ask a really good demos singer to do one for me, I would get written permission from him (or her) to allow me to "pitch the song" with their vocal on my recording... or to market the song myself. If the demo happened to be good enough to possibly "chart," I might cut the demo singer into a small percentage of the proceeds generated but that, too... would be well defined in a written agreement.

A significant factor involves previous working arrangements and comfort zones with the party with whom you are dealing.

Best of luck with your recording.

Dave

#1028259 - 11/04/13 12:25 PM Re: DEMO QUESTION [Re: Dave Rice]  
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I’m no expert nor am I a lawyer, but I’ll still chime in.

My understanding is: If you write a song and have it “demoed” you own the rights to that recording as the musicians were on a work for hire basis. If you wrote the song and somebody else recorded it, they should have paid YOU the mechanical licensing fee. If that’s the case they would own the recoding, not you.

Best advice is to simply ask the band/artist if they mind you using the recording as a demo. If they’re looking for exposure, they’ll probably have no problem.

#1028262 - 11/04/13 01:01 PM Re: DEMO QUESTION [Re: Iggy]  
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"Best advice is to simply ask the band/artist if they mind you using the recording as a demo. If they’re looking for exposure, they’ll probably have no problem" - Iggy

Yeah, nothing like direct communication between the two parties. Only Sausagelink and the band know the terms of their agreement. I have a feeling that the band ask if they could use his song on their CD to sell at gigs and Sausagelink said "sure, go ahead" (something similar). In which case there is no formal agreement.

In the future make sure both parties understand the terms of use (written out and signed by both parties).

As for now, I doubt the band would have any problem using their recording as a demo. Of course, without knowing what took place between the two parties, there's no simple answer.

As Iggy said, call the band leader and reach an agreement.

Best, John smile

#1028270 - 11/04/13 02:42 PM Re: DEMO QUESTION [Re: John Lawrence Schick]  
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Ray E. Strode Online content
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There may be 2 ways to look at this. Assume a small band records your song and is just doing small venue's. They are not making any big waves. You like the recording better than your own demo. So you now use their recording to pitch the song. The word demo means demostration recording. Not for sale just to pitch a song. No one should have any problem with that and I doubt you would have any problem. But if you were to, going to court is an expensive process on such a small gripe and there would be no appreciable gain. The worst that could happen is the next time they were recording they would pass on any of your songs.

Now, suppose a major artist were to record one of you songs and it was a huge hit and received major airplay. Here you don't need to use that recording. You can use your original demo and include the information that so and so had released the song. They can listen to it on the radio, or maybe the Artist's Web Site. All in all it isn't a problem if you use an artist's recording or not.

There is a part of copyright that covers fair use. Being able to use a demo recording, work for hire or not, to allow the songwriter to pitch the song, without compensation.


Ray E. Strode
#1028380 - 11/06/13 12:59 AM Re: DEMO QUESTION [Re: Ray E. Strode]  
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Thank you Ray.

The first is an excellent example of what I'm talking about. A band records my song to promote themselves and I use their recording to promote my song. To me, it would be the same as playing a recording by a major star and saying "you remember {so and so song} by {so and so}? Why don't you record that?"



Originally Posted by Ray E. Strode
There may be 2 ways to look at this. Assume a small band records your song and is just doing small venue's. They are not making any big waves. You like the recording better than your own demo. So you now use their recording to pitch the song. The word demo means demostration recording. Not for sale just to pitch a song. No one should have any problem with that and I doubt you would have any problem. But if you were to, going to court is an expensive process on such a small gripe and there would be no appreciable gain. The worst that could happen is the next time they were recording they would pass on any of your songs.

Now, suppose a major artist were to record one of you songs and it was a huge hit and received major airplay. Here you don't need to use that recording. You can use your original demo and include the information that so and so had released the song. They can listen to it on the radio, or maybe the Artist's Web Site. All in all it isn't a problem if you use an artist's recording or not.

There is a part of copyright that covers fair use. Being able to use a demo recording, work for hire or not, to allow the songwriter to pitch the song, without compensation.


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