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First Use of a Song

Posted By: Dayson

First Use of a Song - 11/03/12 01:45 AM


I have a question about a "First" use of a unreleased song.
Say I have written a song that has been licensed for a T.V. series or Reality T.V. series, and it's just for sync purposes and not for "Sale" Would another Artist be able to record a "cover" version of their own for a release?
Without consent or permission from me, as they would be able to do if the song was "Officially" released for sale by a record label?
I know once you officially release a song anyone can record it by applying for the license and paying the statutory rate.
Thanks for your time!-Dana
Posted By: Everett Adams

Re: First Use of a Song - 11/03/12 02:24 PM

That's a good question,not sure of the answer,but I would say yes because it is publicly and commercially released for profit.Just my opinion.
Posted By: Dayson

Re: First Use of a Song - 11/04/12 12:46 AM

Hi Everett,

Thanks for chiming in, it's a hard one to try to figure out.
If it's not for "Sale" then that might make the difference.-Dana
Posted By: Pat Hardy

Re: First Use of a Song - 12/13/12 09:12 AM

I do believe the sync constitutes a release, and thereby
the artist can cover it via compulsory license, but, I am
not a lawyer.

Pat Hardy Lockwood
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