Question about song and music covers

[Osmicata]

Does anyobody know whether the producer has to pay royalty and/or rights to the owner of the rights (or the author) of a song or a piece of music if another band makes cover of it and it enters the indi movie? I am asking because my understanding was that, for example, if I like a lot a song by Judas Priest but can't afford to put it in my movie I can still find the "local" Judas who would make a cover of the song and for a pack of beers they would allow me to put it in the movie and this way skip the expensive rights? sure, it won't be the real thing but it is still something with seemingly no alternative.

 

[timapter]

i have NO idea! i know that you can get someone to play, like, bach or something thats copyright has gone, and use that NEW recorded cover for free, but i think there may be costs involved with a song that is still under copyright for the actual song, and also the recording.

i actually just had a talk with a copyrighter this morning getting this stuff straight in my head, and i got this book thing. and have a look see...

 

[wabbit]

Tim is right (even if he doesn't know it ). Only songs that are in the public domain can be re-recorded and used in your movie without copyright violations. The copyright includes anyone who wants to cover the song.

Heck, you can't put people singing "Happy Birthday" in your movie without paying the CR holders.
http://www.snopes.com/music/songs/birthday.asp

Good luck

 

[tigeba]

If you record a "cover" version of a song that has already been recorded and released commercially, you need to obtain a "Compulsory Mechanical License". Generally Harry Fox is not really interested unless you press something like 10K copies of a recording. I believe a cover would allow you to avoid any sort of synch rights, since synch covers the recording, not the composition.

I'm not sure if you have noticed this, but they rip off popular songs all the time for commercials, ostensibly to avoid paying the really large synch fees.

You can do whatever you like with a public domain recording, and if a composition is public domain, you can get it recorded and use that recording however you like. You will also own the rights to the new recording.

Just remember that the rights for a recording and a composition are covered separately and it will be less confusing. Also keep in mind that the thing you generally have to pay big bucks for is the recording.

 

[Osmicata]

Thanks a lot! So it seems that in the worst case the cover song pays for the composition rights which are supposedly much less than the recording.

 

[timapter]

two points for me! or at least, one post. wow, im a winner!

thanks tigeba, thats a good way to look at it. i had a weird post grad class about this stuff this morning, but as a sound only man, i usually leave these things for the producers. (thats why i knew about re-recording public domain compositions, cuz its studio knowledge, not "hi look at my suit" knowledge. or something)