# Recording Covers? How do I cover my butt??



## hollowbody (Jan 15, 2008)

I'm toying with the idea of recording a cover of Leonard Cohen's Hey That's No Way To Say Goodbye for an upcoming album, but I don't know much about the legality of doing this.

What do I need to do in order to obtain permission for doing this?

I'm likely not going to put out any physical discs, so it will be mostly for streaming and downloads.


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## mrmatt1972 (Apr 3, 2008)

contact these guys and ask
Society of Composers, Authors and Music Publishers of Canada


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## Guest (Mar 17, 2011)

This is a great article that covers how to go about licensing cover tunes. From the article:



> I licensed four songs for my last album for both physical and digital distribution. You will need to pre-pay for a set number of licenses and there is a flat fee per song regardless of how many licenses you purchase, but this is an extremely convenient way to obtain a compulsory license. If you want to record and release a cover song, I highly recommend investigating this option. If you have any questions, consult a music lawyer ahead of time.


Edit: I don't think SOCAN comes in to play here. They collect royalties for the public performance of musical works. They don't, for example, collect royalties on album sales made at record stores for works holder's registered with them. You're dealing with the owners of the works you want to cover -- so you need to work out licensing with them, not SOCAN. If someone was to play your cover of the tune in a bar SOCAN would collect the royalty for _that_ for the song owner.

Could it be any more complicated?


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## hollowbody (Jan 15, 2008)

Thanks Ian, yeah, it sure is complicated.

I saw a couple sites online that do this sort of thing and they all ask for album release date, and how many copies I want to license. Geez. I don't actually expect to sell very many at all and I probably won't be making disc so I need a digital license, not a mechanical one.

Also, they ask the length of my cover version, inferring that I need to record the song first. I guess I should do that and then ask about legality.


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## Guest (Mar 17, 2011)

hollowbody said:


> Thanks Ian, yeah, it sure is complicated.
> 
> I saw a couple sites online that do this sort of thing and they all ask for album release date, and how many copies I want to license. Geez. I don't actually expect to sell very many at all and I probably won't be making disc so I need a digital license, not a mechanical one.
> 
> Also, they ask the length of my cover version, inferring that I need to record the song first. I guess I should do that and then ask about legality.


The actual recording of the cover doesn't require permission. It's the selling and broadcasting of it you have to work out. So go ahead and record it.


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## grumpyoldman (Jan 31, 2010)

I haven't checked the link included above, so I apologize if I am repeating something, but you might also want to check out the CMRRA (Welcome to CMRRA!) - a band I was in did a CD of covers, and dealt with them for mechanical recording authorization.


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## jimihendrix (Jun 27, 2009)

I'd say...go ahead...record...play...broadcast...sell...anything you want...

Once the lawsuits start arriving fast and furious...you'll take the shortcut to fame...!!!...

Publicity...bad or good...is still publicity...!!!...


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## mrmatt1972 (Apr 3, 2008)

grumpyoldman said:


> I haven't checked the link included above, so I apologize if I am repeating something, but you might also want to check out the CMRRA (Welcome to CMRRA!) - a band I was in did a CD of covers, and dealt with them for mechanical recording authorization.


 Thanks for the link. .083 cents per pressing/download is pretty fair. You'll probably pay more in postage mailing the check than the actual royalties if it's a recording you plan on selling online.

here's a direct link to the "pay as you press" contract from the CMRRA

edit: Here's an important quote from the document:
The minimum number of copies for which a mechanical license will be issued is 500, whether or not
you are pressing or importing a smaller number of copies. Licenses for this quantity are issued at the price of
$41.50 per song (assuming that the running time of the recording in question is five minutes or less; the rate
for each additional minute or partial minute of running time in this case is $8.30). A pressing order is not
necessary for fewer than 200 copies but it does not exempt you from paying mechanicals.


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## hollowbody (Jan 15, 2008)

grumpyoldman said:


> I haven't checked the link included above, so I apologize if I am repeating something, but you might also want to check out the CMRRA (Welcome to CMRRA!) - a band I was in did a CD of covers, and dealt with them for mechanical recording authorization.


Thanks! I'll check it out.


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## Guest (Mar 19, 2011)

grumpyoldman said:


> I haven't checked the link included above, so I apologize if I am repeating something, but you might also want to check out the CMRRA (Welcome to CMRRA!) - a band I was in did a CD of covers, and dealt with them for mechanical recording authorization.


Brilliant. Thanks for that link.


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## Ti-Ron (Mar 21, 2007)

Since Cohen is still alive why not contact him or his manager. Sometime artist are pretty open depend on your project. When I was in college some students make a film and got permission to use all Primus discography without any restriction for their movie. Les Claypool was really happy to offer his material.


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## keeperofthegood (Apr 30, 2008)

Ti-Ron said:


> Since Cohen is still alive why not contact him or his manager. Sometime artist are pretty open depend on your project. When I was in college some students make a film and got permission to use all Primus discography without any restriction for their movie. Les Claypool was really happy to offer his material.



While I agree, a front on approach may work; with Leonard Cohen and Buffy Saint-Marie I tried that and got dead air from them. Nada, no responses of any kind. No idea who handles their mail but they sure had NO response to me at all.


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## hollowbody (Jan 15, 2008)

keeperofthegood said:


> While I agree, a front on approach may work; with Leonard Cohen and Buffy Saint-Marie I tried that and got dead air from them. Nada, no responses of any kind. No idea who handles their mail but they sure had NO response to me at all.


Leo was probably meditating with the Dalai Lama at the time. 

I had actually thought if trying that, and I still might once the song is recorded and ready to go, but it might be easier to pay a one-time fee of $50-100 rather than wait endlessly for a response that may never come.


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## keeperofthegood (Apr 30, 2008)

hollowbody said:


> Leo was probably meditating with the Dalai Lama at the time.
> 
> I had actually thought if trying that, and I still might once the song is recorded and ready to go, but it might be easier to pay a one-time fee of $50-100 rather than wait endlessly for a response that may never come.


That is why those agencies exist. Many bands are .... fill in the fitting blank .... to deal with people and requests and the like. Some(many) people are too busy or too old or too tired or just plain Axels in real life. It is a good system and works well and fast too; pay the fee and end the worry.


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## david henman (Feb 3, 2006)

...as far as i know, you don't need anyone's permission to record their song. all that is required, i think, is to simply credit the appropriate composer and publisher, so that any royalties are paid directly to them.


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## Guest (Mar 24, 2011)

david henman said:


> ...as far as i know, you don't need anyone's permission to record their song. all that is required, i think, is to simply credit the appropriate composer and publisher, so that any royalties are paid directly to them.


Absolute truth. No permission required.


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## hollowbody (Jan 15, 2008)

david henman said:


> ...as far as i know, you don't need anyone's permission to record their song. all that is required, i think, is to simply credit the appropriate composer and publisher, so that any royalties are paid directly to them.





iaresee said:


> Absolute truth. No permission required.


Also good to know, thanks again guys!


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