Hi Fiction,

I agree with you to a point.  If you would like to record a "cover song", I agree whole heartedly that you should obtain "licensing" from the actual author, publishing company before you start.  If you obtain the licensing and have paid to use the song that has given you permission then no one should be knocking at your door UNLESS,,they  want to make a deal with you to try and get some royalties but in reality,,,,they can't.  They might try but once you have obtained the licensing agreement the ball is in your court.  If the song or track does go somewhere and hits it big, they "cannot" come back after you for royalities.  They might try but it is you who decides whether you want to make a deal with them.

HERE IS YOUR TICKET:

When you obtain the licensing you have already PAID the royalities for the number of CD's  you're going to make.  Example: If you paid for licensing for a 1000 CD's you can make up to 1000.  Anything over and above that you MUST obtain additional licensing fees or they can come after you for the difference.  "AS LONG AS YOU PAID LICENSING FEES FOR THE NUMBER (#) OF CD'S WITH THAT COVER TUNE, THEN YOU ARE IN THE CLEAR. Another example:  If you only have licensing for 1000 and you make 2000 CD's they can come after you for the thousand and legal fees.

I would not sway artists away from cover tunes for various reasons. 

Looking at this site, there are numerous artists who I feel personally could do a hell of a job doing a cover tune,,,more so than the actual original artists. 

For the unsigned artist trying to get his/her foot in the door, it is always hard unless you have something to start with and that would be talent whether is be vocally, instrumentally, production etc....

I have noticed that many talented artists in the past HAVE been recognized by the music industry, A&R reps and labels as a up coming new artist and have made it big because they used or was granted licensing of the original author/creator and publishing company.

If you look at an unsigned artist who does write excellent compositions, having a voice that is commercially marketable has a better chance of getting more radio air play then the artists who just have their own orginal compositions. (sometimes) Reason:  Many radio stations whether they are internet based or live radio would most likely play a song that has been previously recorded and released and made it big.

For instance, if you look at the artist Leanne Rimes who is a well known country singer, was given permission and licensing to perform "Unchained Melody" (a song that many people of all generations enjoyed in the past) and she started out by recording her vocals and did hit fame over night.  #2. The song "How Do I Live", who was performed originally recorded by Trish Yearwood was another song that Leanne recorded AFTER obtaining licensing, also made it big,,,and from the charts did a better job of performing and making royalities than the original artist.

What I would suggest is, "if you plan to do a cover tune that has potiential in the commercial market, then add that track to your CD's of original songs as you most likely would get air play as it is a song that many might love.  Believe me, I have heard many songs that have been recorded by unsigned artists that have made it big.  If you do feel an artist has talent and who does take the steps with proper licensing, then they might have a good chance of a label picking them up.  Leanne Rimes is only a example but there are many more artists in the music industry that have done it this way and have made it big.

PS...Let's just say you are on line and listening to songs for enjoyment and you come across a song that you love and have always placed in your car.  The initial response is,,,erm,,,,I wonder what this sounds like, or I wonder how this person performed the song etc....You start listening to the track and think either,,,1. I like the original OR,,,,"hey, this sounds pretty darn good,,,I like it".  Now that you have caught the listeners attention, what do you think they might do next?  They might love your voice, the arrangement,,,who knows but it has struck a chord.  The listener could take the next step and start listening to "YOUR" original songs and .......then others listen...and by word of mouth you've opened a door.......

think about it.

Edited by Mary Gottschalk

I think you'll find that all premises that offer Karaoke to the general public need a PRS (Performing Rights Society) license the proceeds fo which are shared out to qualifying artists under a very complicated system .

The same applies if you have a juke-box or background music in your bar/club/restaurant or whatever.

Mary;

  Well worded reply!   I  hope I didn't come across in my post as being completely anti cover songs.  I understand the whole concept of licencing agreements as well as their fundamentals, but only because I've gone to trade school for music.  Not every artist is going to understand every detail of recording a cover song for distribution nor will they have a wide knowledge base when it comes to copyright law.    There are many factors involved much like you previously mentioned.

 I was aiming more to communicate to the artist who does not have a strong understanding of copyright laws to "look before you jump in."  All songs are intellectual property of their creators and their publishing companies obviously are out there to exploit the artists work for royalties, because they too are getting a cut of the profit.   One thing that does need to be considered is the cost of the license.  Not all songs  have the same price tag attached to them.  Not all songs are available to be covered.  To record a version of a Beatles song is obviously going to cost you more then a less popular song.  At that point its up to the publishing company and artists discretion as to how much to charge you for it.  Its too bad that the good days of rock are over where everyone recorded everyone elses songs.  Take Pat Boone for example, who made a career out of rerecording Little Richard songs for a white audience.  Some of my most favorite songs are actually covers.  I've always been a fan of Marilyn Manson's cover versions of classic 80's tunes like Sweet Dreams, Tainted Love, and Personal Jesus. 

The bottom line is the all mighty $$$.  Does the artist have the amount of disposible income to use to purchase a song from the publishing company?   Is the payout really worth what the artist will get out of recording the cover?  The pro's really need to be weighed against the cons in this situation.  On the other hand, the license may be dirt cheap and well within the artists disposible cash range.  The song may be heard by some top notch record exec and he could want to offer them a deal.

~ think about it



What part of Canada are you from Mary?  I'm wondering if we share a common pool of industry friends?  I've got a lot of friends working for CMRRA and SOCAN in Toronto.  You seem very intelligent and extremely well informed!  I was very impressed by your well articulated and concisely thought out reply to my post.  Hats off to you!

Cheers!~


..::[F I C T I O N]::..

I hope I answered some of your questions?

Mary..

Edited by Mary Gottschalk

Mary;

   Most of the industry people that I know are my profs at the Harris Institute.  At Sony is David Quillico, he's the head A&R guy for Sony/BMG.   I also know David Betts (used to be the drummer for Honeymoon Suite) at Socan, both were prof's of mine at the Harris Institute.  I did know a guy that worked at Factor but I'm pretty sure that he's left there now, Etienne ring a bell?  Big dragon tattoo on his arm.  Know any of these guys?  Lets narrow down this 6 degrees of Canadian industry separation.  Talk to you again soon!


Chris


..::[F I C T I O N]::..


Edited by [fiction]