DingDing

WHC 2011 - release recording of a copyrighted song

How do you get permission to release your recording of a copyrighted song?– compiled by Stephanie Bennett, July 2011 World Harp Congress

Information from www.nmpa.org (National Music Publishers’ Assoc) http://nmpa.org/legal/music101.asp
Once a song has already been recorded and publicly distributed in the U.S., other recording artists may record it, upon payment of a royalty set by law. [Since the songwriter can’t deny permission for subsequent recordings, this is called COMPULSORY LICENSE. – S.B.]

The royalty rate paid to the songwriter under a compulsory license is set by an independent government tribunal called the Copyright Royalty Board (CRB). the Harry Fox Agency is the largest mechanical rights collecting society in the United States, with over 36,000 publishing members.

The compulsory license is issued by the Copyright Office. However, very few people secure compulsory licenses through the Copyright Office because of requirements like monthly accounting. Instead, most users secure a license through the Harry Fox Agency.

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Licensing through HFA (Harry Fox Agency)info from www.harryfox.com
http://www.harryfox.com/public/LicenseMusiclic.jsp
HFA issues mechanical licenses that are valid for products manufactured and distributed in the USA (including its territories and possessions) only.
Do I Need a Mechanical License?If you are manufacturing and distributing copies of a song which you did not write, you need to obtain a mechanical license. This is required under U.S. Copyright Law, regardless of whether or not you are selling the copies that you made.
You do not need a mechanical license if you are recording and distributing a song you wrote yourself, or if the song is in the public domain.
For more information on licensing services, visit the following pages:
• http://www.harryfox.com/public/MechanicalLicenseslic.jsp
• If you would like to make less than 2,500 copies of your recording as either physical products (CDs, cassettes, and vinyl) or permanent digital downloads, we suggest you request your licenses using HFA Songfile.
http://www.harryfox.com/public/songfile.jsp
With Songfile you pay a low per song processing fee of just $15.00, [on top of the royalties. – S.B.] Royalties for licenses obtained through Songfile are set at the current U.S. statutory rate.  The current statutory mechanical royalty rate is $.091 (9.1 cents) per song per unit for recordings of compositions up to five minutes (5:00) in length.
The current statutory rate for ringtones is $0.24 (24 cents) per song per unit.
HFA licenses for a minimum of 25 units of physical products (CDs, cassettes, and vinyl), or 25 ringtones or permanent digital downloads (PDDs). [so royalty would be $2.28 for 25 CDs, $9.10 for 100 CDs, $91 for 1000 CDs. plus the licensing processing fee SB.]

License for physical goods has an indefinite term.
PDD, (Permanent Digital Downloads) ringtone and interactive streaming licenses are valid for only one year.


Do I still need a license for recordings if I'm not selling them?Unless you are creating recordings that are covered under the fair use section of the U.S. Copyright Act, you need to obtain licenses for your recordings regardless of whether or not you are selling them.
What is "Fair Use"?Generally, this includes uses for educational purposes and for criticism or commentary (reviews in newspapers, for example.) "Fair use" does not include small quantity recordings or charity or religious organizations; nor does it exempt recordings that you are distributing without charge.
Does a Songfile license apply outside the U.S.?No. A Songfile mechanical license is only valid for CDs, cassettes, LPs, ringtones, interactive streams and permanent digital downloads manufactured and distributed in the U.S. and its territories. If you would like to distribute your release outside of the U.S., you will need to follow the mechanical licensing laws of that country. Note that if you produce your release outside of the U.S., you may also need to obtain licenses in the country of manufacture. You are solely responsible for securing any rights and obtaining any additional license or authority that may be required with respect to any other third parties.