Legal Question in Intellectual Property in California

Can I do a rearrangement of a song still under valid copright (such as taking an instrumental song to an a capella version) without the specific permission of the copyright owner?


Asked on 2/17/11, 5:27 pm

1 Answer from Attorneys

John Mitchell Interaction Law

It sounds like you are talking about what is commonly referred to as a "cover" song, which is to say, a song that has already been recorded and released. You do not need the permission of the copyright holder so long as you meet the statutory requirements for the compulsory license. (And yes, you will need to pay.) See 17 U.S.C. � 115, the compulsory license for making and distributing phonorecords, at http://www.copyright.gov/title17/92chap1.html#115.

The Section 115 compulsory license is known in the industry as the "mechanical" license. You might also want to check with the Harry Fox Agency, which represents a huge portion of the songwriters (or their publishers). http://www.harryfox.com/public/MechanicalLicenseslic.jsp.

If you plan on fewer than 2,500 CDs, you can consider SongFile, at http://www.harryfox.com/public/songfile.jsp.

Your best bet would be to touch base with an entertainment lawyer in California (that's NOT me), who, by learning a bit more about what you intend to do, can steer you to the most efficient and effective way of doing it, and avoid a costly mistake.

Read more
Answered on 2/17/11, 10:24 pm


Related Questions & Answers

More Intellectual Property questions and answers in California