Q & A
Each month, MusicBizAdvice.com answers your questions about the music industry.
Licensing For a Rap Version of an
Old Song
Q. Suppose you wanted
to release a rap version of an old 70's song. What permissions are required before you can
move forward?
We're not using any samples in our version of the song. The verse is new. But the chorus
is the same, and the lyrics to the chorus are slightly altered. We think the song might
qualify as a parody, but we think there might also be enough similarity for us to be
considered a derivative work. --Rob C.
A. Glad to hear you are not sampling, that makes this
so much easier! First things first: Proving Parody is not easy according to
US copyright regulations, and you might get yourself into trouble if you
don't follow the rules. A derivative work still requires the same licensing
that I am about to explain to you in a moment. The term derivative work is
one that is used on the Form PA copyright form, but proof of license must
still be provided with the form. Without it, you might not be granted
copyright of your work, and worse, may get into legal hot water.
First, you must contact the PUBLISHER of the original composition
and notify them that you want to create a derivative work and of what you
want to do with the composition. Tell them you are adding your own lyrics,
or using only their chorus, or whatever the case may be for you. They may
ask to hear a demo, or see the lyrics, or hear your other material. Let them
also know what your intention is for the song. They will then determine if
they will grant permission to you for creation of the derivative work.
Next, after you have received written permission to use the
composition for a derivative work, you must obtain a compulsory mechanical
license from the Harry Fox Agency to use the original composition, in whole
or in part. This license bears a fixed price (about 9.1 cents per unit
pressed - not sold - this rate is always in flux - connect with
http://www.harryfox.com for today's rates) and paid in advance of release.
When you press more, you pay again for that number of units pressed.
Failing to take these steps will have severe consequences if you
are caught. (Unlicensed use of a copyright is a federal offense, that may
bear consequences of very heavy financial penalties and perhaps jail time as
well.)
You should, in addition, copyright your lyrics separately - just on
their own - with a form PA. Please visit
http://www.copyright.gov/register/performing.html to obtain a form.
PS: The compulsory mechanical license applies only to
RECORDS/TAPES/CDs/DATs/ADATs/REEL TO REEL and you would need to obtain
separate licenses to make videos for the song and to place it on TV or in
films or sell downloads. Harry Fox can help you with those licenses as well,
but keep in mind they are NOT compulsory and the publisher(s) reserve the
right to decline you those licenses.
For more assistance contact Harry Fox Agency in New York City or
consult with your attorney.
Darcie-Nicole Wicknick, Founder
"...Ask Darcie" Freelance Music Business Services
Website: http://askdarcie.tripod.com
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