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How to Get Permission to Sing Someone Else's Song in Cutting a CD

When compiling a music CD, aspiring musicians and established recording artists often incorporate the songs of other artists. An artist cannot simply perform, record, and profit from other artists' songs without following a process, however. Recording artists' songs are protected by copyright laws, most notably the U.S. Copyright Law of 1976. The process of acquiring the permissions to cover other artists' songs is relatively straightforward, while the repercussions of ignoring these legal protections can be severe.

Things You'll Need

  • Computer
  • Internet access
  • Printer
  • Pre-recorded song
  • Royalty payment
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Instructions

  1. How to Record and Distribute Another Artist's Song

    • 1
      The HFA provides licenses and collects royalties on cover song recordings.

      Collect detailed, accurate information about the song you are covering. You can research the song through the American Society of Composers, Authors and Publishers (ASCAP), SESAC, or the Broadcast Music, Inc. (BMI). These three organizations have searchable song databases. You need to find the actual song name, composer, recording date, and publisher in possession of the copyright. If you do not know who owns this copyright, contact the organization that is researching the song.

    • 2
      The U.S. Copyright Act of 1976 protects composers and producers.

      Review the U.S. Copyright Act of 1976. Even though you should be familiar with the entire document, pay special attention to Chapter 3: Duration of Copyright. This section details the copyright protections covering songs based on recording date. Find the section appropriate for your song's recording date, and review the copyright terms.

    • 3
      If you will distribute more than 2,500 recordings, you need to register with the HFA.

      If you will distribute more than 2,500 CD copies, register with The Harry Fox Agency. Created by the National Music Publisher's Association in 1927, The Harry Fox Agency licenses, monitors and oversees musical copyrights and usage. Registration is available online at <http://www.harryfox.com>.

    • 4
      Don't record another musician's song without applying for the Mechanical License.

      Print, complete, and submit The Harry Fox Agency's Mechanical License Request Form. This is also accessible at <http://www.harryfox.com>. If you are distributing fewer than 2,500 CD copies, you need only submit the form. If you are submitting more than 2,500 copies, first confirm that you are registered with the Harry Fox Agency. To fill out the form, you will need your compiled song information (title, composer, producer). You will also complete two sections describing your CD and stating the party responsible for paying royalty fees.

    • 5
      Once you sign and return your approved license, you can legally record your cover song.

      When you receive the Mechanical License, read the documents, sign the contracts, and return to the HFA. You cannot distribute your CD until the HFA receives your signed contract.

    • 6
      Cover artists pay royalties on a quarterly basis.

      Pay royalties. The HFA collects royalties on a quarterly basis, with quarter dates ending on March 31, June 30, September 30, and December 31. You must submit royalty fees by the quarter due date, falling 45 days after the quarter's specified last day. The duration of the song determines the royalty rate. To find the total royalty amount, multiply the song's royalty rate by the number of units sold. A unit could be a CD, cassette, vinyl copy, or an Internet download.

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