[cc-community] cc licensing of covers of ARR songs?
ed at slrecords.net
Wed Jan 14 06:46:26 EST 2009
I've spoken to MCPS (to be honest I've had different info from their
helpdesk each time I speak to them) and they say that you are allowed to
do a cover as long as the recording is released under a MCPS license if
not you'd need permission of the rights holder.
So if the cover was released on a CD, via iTunes or YouTube it would be
OK, but if released via myspace (in the UK) your own website or Jamendo
it wouldn't be.
He couldn't answer my questions - would releasing a track under a CC
license be compatible with being a PRS-MCPS member - anyone know about that?
Dr. Peter Troxler (Waag Society) wrote:
> Ed Pybus and Jessica Coates point to "cover licenses" in the UK and AU
> this is interesting, but I would like to see some evidence which I was
> not able to dig up easily so far. the only thing I found was that in
> Australia the rights owners may not decline giving a license for a
> cover song (which of course does not force them to give that license
> for free) (http://www.infoshop.com.au/page.cfm?PageCode=music_guide)
> / pt
>> In the UK anyone is allowed to 'cover' any song, as longs as you don't
>> alter the song (I forget the exact legal terms but a straight cover is
>> always OK a re-arrangement is sometime OK a re-interpretation needs
>> rights holders permission). In the past this wasn't a problem since
>> every piece of physical product had to have a MCPS license before it
>> could be manufactured (even if the CD was going to be given away - the
>> biggest cost of a 'free' cover mount CD is usually the MCPS license),
>> which paid the songwriters royalty, so McCartney Lennon would get the
>> same royalty (as songwriter) if they recorded the song or if someone
>> else did.
>> Now I'm not sure where this entitlement to record a cover version
>> from - if it's tied to the MCPS then I guess they could say if the
>> website in questions has a MCPS license then it's fine, if not then
>> not fine (eg iTunes pays a cut of each sale to the MCPS). If however
>> there some kind of statutory right to record a cover version of a song
>> then I guess that's different. In either case what's to stop, say, the
>> Bootleg Beatles recording the entire Beatles catalogue and releasing
>> via iTunes?
>> And how does a CC license work with a piece of music- is it the
>> recording that's released under the CC license or is it the 'song' -
>> very different things.
>> Anyway the short answer is I don;t know about Jamendo but'll be
>> interested to see what others think!
>> drew Roberts wrote:
>>> Can someone comment on what is going on here:
>>> The license shown for the songs on this album is:
>>> Yet track 4 is a cover of Please Please Me by Lennon and McCartney.
>>> Is this supposedly OK to do? Is this a country by country thing?
>>> I would have thought this could not be legally done...
>>> all the best,
>>> cc-community mailing list
>>> cc-community at lists.ibiblio.org
>> S L R E C O R D S
>> +44 (0) 131 466 2009
>> +44 (0) 7930 536 963
>> ed at slrecords.net
>> cc-community mailing list
>> cc-community at lists.ibiblio.org
> / Peter Troxler
> / Senior Project Manager
> / Waag Society :: Nieuwmarkt 4 :: 1012 CR Amsterdam :: The
> Netherlands :: +31 20 557 9898
> cc-community mailing list
> cc-community at lists.ibiblio.org
S L R E C O R D S
+44 (0) 131 466 2009
+44 (0) 7930 536 963
ed at slrecords.net
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