Legal issues questions with covered songs

Kevin McElroy

Kevin McElroy

Active member
I tried to seach for this answer, but no luck. I am just wondering where covered songs stand in the legal point of view of use (like in the movie "I am Sam" they used all Beatles songs with different artist that covered each song because Yoko woudn't let them use the original songs). I'll give a rough example: In my film, I would like to include the song "Riders on the Storm" by The Doors. Now if I had a local band record that track for me, do I only deal with the cover band for any kind of fees or royalty, or will I need to deal with much more than that like Electra records? I have no idea how this works with covered music. Can anyone fill me in with info regarding this?
 
Both. You'll deal with the performing band and because the song is not in the public domain with the copyright holder of the original.
 
I'm no expert, but as I understand it you have 3 things to deal with regarding the use of a song that isn't in the public domain:

1. Who holds the copyright to the lyrics?

2. Who holds the copyright to the music?

3. Who holds the copyright to a particular recording of the song?

Now since you plan to have a band cover the song, that band will have to give you the rights to their performance. But that shouldn't be a problem. (And that will take care of item #3.)

Often the same person -- or, more likely, corporation -- owns the copyrights to both the lyrics and the music. Though that's not always the case.

So you need to find out who holds the copyrights to the music and lyrics. Get their permission -- which usually costs a chunk of money. Then record the band's rendition of the song, and get the band's permission (in writing) to use the recording of their performance.

I think that covers it. Others here are more expert in these matters than I am, and hopefully they'll correct any errors.

Good luck!
 
a quicker method would be to contact the publisher & the record company, tell them what you want to do and they will tell you how much it will cost ... I hope you have a lot of money hahahaha
 
In general, using covered versions of popular songs is cheaper than using the originals, and doing so is pretty common. The soundtrack to I Know What You Did Last Summer, for example, included covers of 70's staples "Hush" and "Summer Breeze".

Arrangements to acquire the rights for songs can usually be made by dealing directly with the music publisher (if you want to just pay the set price) or by hiring the services of an entertainment lawyer (if you need to negotiate the deal in any way).

However, if I were you I'd pick a different song. The licensing rights to The Doors catalogue are jointly held by Robby Krieger, John Densmore, Ray Manzarek, the Morrison family, and the family of Pamela Courson. Licensing agreements must be approved by all five parties, and they are notoriously protective, having turned down millions of dollars in liscensing revenue (including $15m from Cadillac and $4m from Apple) in an attempt to protect the band's legacy (though there are exceptions, notably Apacalypse Now and Oliver Stone's The Doors).

John Densmore is particularly difficult, having gone so far as to sue Krieger and Manzarek when they went on tour as The Doors a few years ago, forcing them to change their name (ironically, to Riders on the Storm) and split the revenue they made touring under the name The Doors.

I'm not saying it's impossible, but you're probably much better off choosing a different song for your project. Even if you're successful, getting the rights to Riders on the Storm will not be easy and it definitely won't be cheap.

-Jeff
 
Last edited:
Jeff Koenig said:
In general, using covered versions of popular songs is cheaper than using the originals, and doing so is pretty common. The soundtrack to I Know What You Did Last Summer, for example, included covers of 70's staples "Hush" and "Summer Breeze".

Arrangements to acquire the rights for songs can usually be made by dealing directly with the music publisher (if you want to just pay the set price) or by hiring the services of an entertainment lawyer (if you need to negotiate the deal in any way).

However, if I were you I'd pick a different song. The licensing rights to The Doors catalogue are jointly held by Robby Krieger, John Densmore, Ray Manzarek, the Morrison family, and the family of Pamela Courson. Licensing agreements must be approved by all five parties, and they are notoriously protective, having turned down millions of dollars in liscensing revenue (including $15m from Cadillac and $4m from Apple) in an attempt to protect the band's legacy (though there are exceptions, notably Apacalypse Now and Oliver Stone's The Doors).

John Densmore is particularly difficult, having gone so far as to sue Krieger and Manzarek when they went on tour as The Doors a few years ago, forcing them to change their name (ironically, to Riders on the Storm) and split the revenue they made touring under the name The Doors.

I'm not saying it's impossible, but you're probably much better off choosing a different song for your project. Even if you're successful, getting the rights to Riders on the Storm will not be easy and it definitely won't be cheap.

-Jeff
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Thanks for the info Jeff, I really appreciate it. Yeah I figured The Doors music would be next to impossible to use, but at least I know now how the licensing works...and I think I will stick to approaching local artist with original music and dealing with them directly.
 
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