Anybody know just how you.....

[Harry Krisna]

Anybody know just how you go about getting permission to use someone else's songs?
We're strictly a cover band,"rewriting" the originals our way.we've recorded several demos that we just hand out to fans,but this latest recording project is really coming out great and worthy of being a "real" record.
So how do I do this right(give the original artists their royalty's) and not put myself into some legal shit hole?

[Argos]

You'd first have to find out what publishing company owns the rights.

[YetAnotherOne]

Wouldn't you go through ASCAP or the Harry Fox Agency? I thought they handled royalty payments to artists in the US.

[Spivonious]

From the little knowledge I know, for performance the venue is responsible for paying royalties, for recording you are responsible. Find out who owns the rights to the songs and send them a letter.

[Bengal]

I think live is a different story. I don't think you owe anybody for playing it live. It's when you record it and sell it that it becomes a problem...

ASCAP is were I would start...

[rjohnstone]

ASCAP and BMI only track and collect/pay the royalty.
You need to get permission from the copyright holder to re-record and release it first. This must be in writing. It's a legal contract.
See who is listed as the owner(s) of the copyright and contact them or their publisher to start the process.
You pay no royalties for live performances unless you record the performance and sell the recording.

[Rich#6]

You pay no royalties for live performances unless you record the performance and sell the recording

Not true, the venue pays ASCAP/BMI for all live music performances(non theatre -that's royalties). There is another one too. SESAC.
but as was said before to record you need the owner's permission.

[rjohnstone]

Rich... I think you misunderstood what I was saying... "you" meant the performer.
I know the venue, be it a bar, restaurant or whatever, has to pay ASCAP and BMI royalties if they have any form of music being played.

[Argos]

Really? Even like a jukebox?

[rjohnstone]

Really? Even like a jukebox?

Yes... even a juke box requires an ASCAP license.
That's why you hear some restaurants that only play royalty, free ancient crap done in that crappy musac style. That shit is free.