KVR Audio

SeanyK · Post by **SeanyK** » Mon Jul 04, 2005 7:52 pm

Hiya,

If you wanted to cover a cover version, is the process the same?

Example, (Its NOT this song)

Say Soft Cell - Tainted Love

Marilyn Manson has covered it already, what if you wanted to do a version BASED on the Marilyn Manson version?

Can you be sued for copying them?!

Thanks in advance folks

Col.G · Post by **Col.G** » Mon Jul 04, 2005 8:10 pm

Common sense would tell me that if do a song written by somebody else and put it on a cd and sell it with the intention of making a profit, you should get permission from the person that owns the rights to that song. Even if you did the whole song polka style with kazoos and harmonicas.
Of course I could be wrong.
The music business is full of things that are wrong that should be right and right that should be wrong.

soulkraka · Post by **soulkraka** » Mon Jul 04, 2005 8:11 pm

one option

Hink · Post by **Hink** » Mon Jul 04, 2005 8:13 pm

Exactly, find out who owns the rights for the original song, you write them a letter requesting permission to use the song. Then they have the right to approve or deny your request. I dont know what it is now but it used to be (I think) 6 cents a copy sold for royalties...

herodotus · Post by **herodotus** » Mon Jul 04, 2005 8:25 pm

Hink wrote:Exactly, find out who owns the rights for the original song, you write them a letter requesting permission to use the song. Then they have the right to approve or deny your request. I dont know what it is now but it used to be (I think) 6 cents a copy sold for royalties...

Actually, once a song is released all you need do is send to the copyright holder a "Notice to obtain a compulsory license". Of course you will have to pay the going rate, which changes, but when last I saw it it was 7 cents per minute per unit sold.

John Vulich · Post by **John Vulich** » Mon Jul 04, 2005 8:30 pm

SeanyK · Post by **SeanyK** » Mon Jul 04, 2005 8:35 pm

I've done a cover before, and I had to pay royalties to the MCPS, worked out about £10.

What I mean is, covering a COVER.

If we go back to my example, if my version of Tainted Love sounded more like Marilyn Mansons version and not the original, whose permission do I need?

Hink · Post by **Hink** » Mon Jul 04, 2005 8:37 pm

herodotus wrote:
Hink wrote:Exactly, find out who owns the rights for the original song, you write them a letter requesting permission to use the song. Then they have the right to approve or deny your request. I dont know what it is now but it used to be (I think) 6 cents a copy sold for royalties...
Actually, once a song is released all you need do is send to the copyright holder a "Notice to obtain a compulsory license". Of course you will have to pay the going rate, which changes, but when last I saw it it was 7 cents per minute per unit sold.

I had a feeling it might of changed, that was a while ago and the net has changed everything...

Hovmod · Post by **Hovmod** » Mon Jul 04, 2005 8:38 pm

You'd need Soft Cell's permission, Marilyn Manson's fans' forgiveness and the fickle forgetfulness of the general public.

Hink · Post by **Hink** » Mon Jul 04, 2005 8:40 pm

SeanyK wrote:I've done a cover before, and I had to pay royalties to the MCPS, worked out about £10.

What I mean is, covering a COVER.

If we go back to my example, if my version of Tainted Love sounded more like Marilyn Mansons version and not the original, whose permission do I need?

I would assume soft cell's record company...somebody once posted a link for songs that are public domain (no permission required) perhap a google will find it...

soulkraka · Post by **soulkraka** » Mon Jul 04, 2005 8:43 pm

why not just start a record label in new zealand like kid606/tigerbeat6 did? Then you can just keep track of and pay royalties directly to the artist themselves while releasing EXACTLY what you want to release without having to jump through hoops to do it.

It just seems a bit odd that, considering what we know about the record companies (corporate conglomerations), that we are still bending over and ready to take it with no vaseline. They dont care about you...why should you care about them?

buck the system

http://creativecommons.org/

Bunnyboy · Post by **Bunnyboy** » Mon Jul 04, 2005 8:46 pm

soulkraka wrote:why not just start a record label in new zealand like kid606/tigerbeat6 did? Then you can just keep track of and pay royalties directly to the artist themselves while releasing EXACTLY what you want to release without having to jump through hoops to do it.

It just seems a bit odd that, considering what we know about the record companies (corporate conglomerations), that we are still bending over and ready to take it with no vaseline. They dont care about you...why should you care about them?

buck the system

http://creativecommons.org/

Violent Turd records

fantastic stuff.

Just out of interest - "Tainted Love" is a Northern Soul tune from the late 1960s sung by... er, cant remember

herodotus · Post by **herodotus** » Mon Jul 04, 2005 8:47 pm

SeanyK wrote:I've done a cover before, and I had to pay royalties to the MCPS, worked out about £10.

What I mean is, covering a COVER.

If we go back to my example, if my version of Tainted Love sounded more like Marilyn Mansons version and not the original, whose permission do I need?

The only copyright that the cover artist (in this case Marilyn Manson) can have is one for the recording, which is only an issue if you are sampling it.

soulkraka · Post by **soulkraka** » Mon Jul 04, 2005 8:59 pm

Bunnyboy wrote:
Violent Turd records fantastic stuff.

isnt it? would any of their stuff have been released if they played by "the rules"? NOPE.

dangermouse, z-trip etc etc ...the list grows longer of people that have released their stuff via alternate means just to get it out there.

I guess its not enough that the suits are already set for life (times 10). Apparently they feel the need to secure the future of their great grandsons kin kin kin kin kin kin kin kin kin kin.

Its all good though...Rite-aid is having a sale on vaseline this week.....ease the pain

SeanyK · Post by **SeanyK** » Mon Jul 04, 2005 9:12 pm

Ok , as I said earlier its just an example, I dont want to cover that track lol, but from what I gather, the general concensus is,

Only ask permission from the ORIGINAL artist/label, and if they said yes, then it doesnt matter too much if you've based your cover on using similar melodies to a cover of that track NOT by the original artist?

Covering a COVER version...? Legalities?