My band wants to record a song for radio airplay - what steps do I take to do this legally?

Question

The song was published in the 50s and previously recorded a few times in the following decades. I assume that I need to contact the copyright holder for permission, but I'd like to be fully informed and prepared on what to do before diving in.

Answer 1

Every piece of recorded music actually has two sets of rights attached to it, performance and composition. If you are covering a song, only the composition rights need to be addressed.

Here's a good quote:

"For instance, if you re-record a song that has already been commercially released (i.e. a “cover” version), without changing the lyrics or fundamental character of the song, you would only need a statutory mechanical license, which is compulsory as set forth by U.S. Copyright Law. This type of license is the opposite of one that is voluntarily granted by individual copyright owners.

The current statutory mechanical royalty rate is $0.091 per song per unit for songs 5 minutes or less or $0.0175 per minute or fraction thereof for songs over 5 minutes."

If you're using someone else's recording, you'll also need a master use license for the performance.

Answer 2

In the USA, the radio station pays the performance royalty. It will be helpful if you track down who the composer was and affiliation (ASCAP, BMI or SESAC). other than that, no special additional permissions are needed. If you plan on publicly distributing a CD, then you will need to get mechanical rights. because the songs were previously recorded, those rights have to be granted upon payment to the Copyright Office. Many composers have agreements with Harry Fox Agency to collect Mechanical Rights, and you might find that easier.

Answer 3

Geez, just get an agent. You're not going to get radio airplay without one. Unless you're doing the dj.