JPF Home Page Forums Musician Gear and Techniques General Technical Forum Rubber Duckie license

Does anyone know where to get a mechanical license for "Rubber Duckie" by Jeff Moss? The song is listed at Harry Fox, but it is not available for mechanical license. Any help would be MUCH appreciated!

Chuck Cheesman

Chuck,

I'd guess you probably can't get a mechanical license for it because it's controlled by the Henson/Sesame Street people. You might contact Children's Television Workshop, they'll have the info. They'll probably tell you that you have to release through Henson or in conjunction with them, but can't use "Rubber Duckie" on your own..

Good Luck,
Mike

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Mike Dunbar Music

Mike,

Thank you. Can they do that? I thought that a song which has been recorded already could be recorded by anyone who wanted to do it. They just had to pay the statuatory royalty.

Chuck

Mike,

I am not sure that it correct. It seems to me that as long as you aren't changing the song and you are willing to pay the max rate that you can record it. I suggest posting this over on the mentor forum and see what Danny and the others have to say.

Brian

Thank you. I will do that.

Chuck

My thinking on this is that recording and releasing Rubber Ducky would be similar to recording and releasing the theme song from Seinfeld...or Sesame Street. You would be infringing on their ability to profit from their intellectual property. In essence, you'd be using all the promotion they have done for their characters to sell your recording. If, for example, the day after Alan Jackson releases his next album, I run into the studio, record all the songs on it, sink about a half a million into promotion and release my own album within a week, I'm sure I'd have the lawyers waiting at my door. It's not that I recorded the songs, it's that I am obviously trying to gain an unfair advantage from AJ's promotion.

In your case, Chuck, it's not the song they are protecting. It's the character of the Rubber Ducky in Ernie's bathtub that has been promoted by both the TV show and the video. It's the difference between recording Disney's "Someday My Prince Will Come" or recording "The Mickey Mouse Club Theme".

Again, I may be wrong on this, but I assume that's why it's not available for mechanical rather than perfomance license. You can sing it all you want, you just can't sell it.

I'd still recommend finding the publisher and contacting them. I'll bet it's someone involved with CTW, Sesame Street, Henson, or the Muppets.

Brian's advice is the best,Danny should know.

Good Luck,
Mike

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Mike Dunbar Music

Thank you Mike! We just walked in from a week away in Utah. I'll let you guys know what I've found out this week. This is all very interesting AND very frustrating because when I originally checked the Harry Fox site for a contract it said a contract was available. However, once you begin the process everything comes to a screeching stop.