Duplicate Songs

[John Baumgartne]

Jimbo,

Here's the way I understand it. There is a fair use law. You cannot be denied the right to use the song.

Just like any song, you have to pay royalties. You can get a mechanical license for the song and pay eight cents per copy per song, or $80.00 for 1,000 discs (I actually thought it was less than that but may be wrong)with only one song on it. These licenses can be obtained from or through the Harry Fox agency.

As I said above you cannot be denied the right to use a song. A publisher can refuse to grant a Sync Licenses but cannot keep you from using the Lyric's or Music from a song. If they don't respond quick enough or say that they are not granting you the licenses because..... then you can file for what is called a Compulsory Licenses through the Copywrite Office. Once you have applied for that and have paid what ever is required you can go to press. It is really in the publishers best interest to provide you with the mechanical because it is my understanding that the Compulsory Licenses may pay less (sorry no figures for you) and the publisher can grant a licenses and make certain requirements like they may grant the licenses providing you list their names in a certain way ect, ect.... I may be wrong but to get the compulsory licenses you may need to show that you made an attempt to obtain a licenses and was not able to for whatever reason.

Wow that was long, sorry. Remember to record music the licenses typically comes from Harry Fox, to perform it's ASCAP or BMI and I think there are another couple of possibilities.

Hope this answers you question.
John