Cover Versions question

[clive]

So, anyone know what the deal is with this:

In the UK if you want your band wants to record a cover version of a song, all they have to do is come to an agreement with the publisher and pay the mechcanical rights for CD or record production.

You only have to come to an agreement or get permisison from the composser if the arrangement is different.

What I'm not clear about are how the rights agreements then stand in relationship to the cover version, if it's used for a movie soundtrack.

So does anyone know? Can you deal directly with the band that recorded the cover? Or do they have to extend their agreement with original artist

The only reason I ask is that if the former is true there is nothing stopping an indie who wants famous songs on their film from getting talented mates to record cover version of the tracks you want and only pay the publishers fee plus their wages, rather than negotiating with one of the major record companies who hear "KER-CHING!" everytime someone says the word film.

I'm sure this idea comes under the heading of "They've already closed that barn door" but I am interested to see if anyone has an answer.

It's cropped up for me because I'm currently helping develop a film with a musician who has recorded a number of covers and some time soon I'm going to have to get an answer to this question.

 

[Will Vincent]

I imagine it's much like anything else.. not sure how rights work in the UK, but here in the US, my understanding is that you need permission from the person/company that owns the recording, as well as the person/company that owns the 'song' whether that's lyrics or arrangement.. I think perhaps if it's seperate then you would need permission of the lyric owner, the record label, and the owner of the arrangement.

So, since he's recorded covers.. I would imagine if you have permission to use the recordings you just need the permission of the person/people that own the rights to the actual song (not the performance of the song)

AND.. if he performed them in the film, you wouldn't need permission from the label for the recording, as it would be performed in the film.. that's my understanding of it anyway.. it's a big tangled mess, but can't have it any other way I guess.. Good luck.. hope my ramblings have help somewhat

 

[clive]

In the UK it's definitely only the company that own the publishing rights tha you deal with -- which sometimes is the song writer/artist, but often not.

Looks like I'm going to have to consult PRS (The performing rights society) to unpick this one.

 

[psych1905]

I'd be interested to know what the update on this is or if anyone else has any information

 

[directorik]

Nothing like bumping a post that is four years old. It makes
me miss clive. He was a valuable member of this community.

What further information do you want, psych?

The owner of the right to copy (copyright) must give permission
for any use of their property. Most of the time the owner is the
publisher, sometimes it’s the composer. Recording the song under
copyright for use in a movie must be approved by the copyright
holder.