HI. I'm in totally uncharted territory here and need advice. My song "TRY" was released about a month ago by Mia Kylie Ditta. Today I get an email from another artist who wants to also put that song on her coming EP. So would the second artist being doing a cover of Mia's release???? Mia got a mechanical license and sync license from me. She did not get an exclusive. The only way I would give an exclusive license is to someone like Carrie Underwood. I know this is a position any songwriter would love to be in. But its still new to me. I fired my publisher,(another story) so I can't ask him. Advice, please??
Yes, the second recording of the artist wanting to record your tune would be considered as a "cover". Under compulsory license law, you cannot stop her from doing it. You can demand the stat rate for an initial run of 1000 CDs ( about $90 or so ) for that compulsory license.
Congrats, by the way.
As I understand it, exclusives only limit you to licensing to one publisher or agent, or producer, but it doesn't prevent compulsory licenses by artists ( after the first release ). Therefore, exclusives are never made to artists, ( afaik, it's impossible because of compulsory licensing law ) Exclusives usually include transferring the copyright to the publisher. Unless that publisher is a major publisher I wouldn't do it, but it's rather a moot point since publishers rarely sign single song contracts to unknowns these days, they are interested in buying out catalogs from other publishers of well-established songwriters. There a lot of music libraries, so I'd only do non-exclusives with those, but more and more of them want exclusives ( they are tired of several non-exclusive publishers pitching them the same song) so a kind of dilemma is emerging.
In fact, Im more inclined just to do vinyl LPs, and sell them directlly from a website of my own. Not there yet, but that's the direction I'm leaning. I'm really sick of the shenanigans going on in the digital realm.