ASCAP compiled a great list of the top career development articles in 2011. My favorite, and most useful for my listeners is How You Can Clear Cover Songs, Samples, and Handle Public Domain Works. This is one of the most frequently asked questions on my show. Here’s a list of things in this area to keep in mind regarding licensing music:
1. Remember, if a song is in the Public Domain, it doesn’t mean the recording of it is. You might have to record a new version.
2. You always need two licenses, one for the recording and one for the song itself (that comes from the writer, publisher, or publishing adminstrator).
3. ASCAP, BMI, and SESAC do not license songs to you, or for you. They are not publishers. They just collect money owed to songwriters and publishers when the songs are performed in public.
4. Registering with one of these entities listed in #3 does not mean your song is copyrighted.
5. You can record a cover song using a “compulsory license” without obtaining permission from the songwriter / publisher. However, if you want a discount rate, you will need to pay an advance and make a deal directly with the publisher / writer / or their rep (Harry Fox Agency).
6. You always need permission to synch a song to video. There is no compulsory license for that. It’s the wild west. People can charge whatever they want.
Tags: ASCAP, Barely Legal Radio, Copyright, Copyright Registration, Cover songs, Performance Royalties, Public Domain, U.S. Copyright Act, vandals









Hear some complementary discussion regarding copyrights and cover songs on Alan Hale’s “Patent This” podcast. Alan is a regular contributor to Barely Legal.
http://patentthis.us/