You will need a Mechanical License or other composer/publisher/heirs permission to record non-traditional tunes. For that matter, you might need a Mechanical License for certain registered arrangements of even traditional tunes, if you follow the same settings.
I've recorded tunes by people who are living and never had anyone object to having their tunes used. Even when I recorded tunes not knowing who the composer was until after the fact, the composers didn't seem to mind. Most people are mostly interested in being credited.
Unless you plan to make a lot of money, most people aren't concerned about royalties it seems... at least in my experience. Most of us producing our own recordings are struggling to break even let alone end up with an amount of profit worth getting a percentage of. If anything you do happens to find it's way into a market where the track is suddenly pulling in a lot of money, then it would be appropriate to offer royalties to the composer.
I think that if a tune has already been recorded then it is fine to record it, but you should probably ask the composer just out of courtesy, and you do have to credit them on the CD. However, if the tune has never been recorded by anyone then the composer has first rights to record it, and they could sue you if you don't get their permission. If you're still unsure about it get in touch with the musicians union.
One of my songs was included, uncredited, in a compilation CD put out by a pub landlord--they copied it from the demo CD of a band I used to play with. I was credited on the demo CD, so there was no excuse for not giving me the credit.
I didn't care about the piddling royalties (the pub's CD was allegedly a benefit for a school, although it had only the school's name on it--no location, or anything else about it--otherwise it was advertising for the pub) but I ended up paying an attorney to make sure I wasn't risking my rights to my own song if I didn't do something about it.
Anyway, legalities aside, crediting the author is just basic courtesy. It's the right thing to do.
As a witer, if you produce a CD of your material and offer it to the public for sale or whatever, you run the risk of someone hearing your song or tune and then wanting to play or sing it! To me that is a compliment to my writting. However it is only good manners and common courtesy to ask permission from the composer. Most times they will be thrilled to have someone 'cover' their work.
I did an album of sea songs and wanted to include 'Fiddlers Green' by John Connelly and Bill Meek. I asked them and was told that in all the years the song had been in existance and all the hundreds of recordings done by many, I was the first one that had actually asked permission! They were, however, delighted that I wanted to do it!
It is, in my mind, essential that all credit is given in the sleeve notes - and it doesn't hurt to actually say, "thank you!"
In the UK, quite a few of the "bigger" names are registered with PRS/MCPS. If you want to be legal, and your cd meets the criteria you can get a "limited availability" licence from them, and pay about £70.
Surely it's only correct that a composer should get royalties for their compositions, or musicians royalties for their arrangements? I'm aware of PRS/MCPS alliance, and it's importance re the UK, but, what happens if someone in America or another country records your tunes? Is there any mechanism to obtain royalties from other countries?
Kkrel is right, or at least this applies in the UK...you need to get a license (visit the prs / mcps) website. Basically if you're recording someone elses tunes or songs you have to have this license....otherwise the pressing plants will refuse to press it.
Even if you're doing trad tunes you still have to get a license "waiver" which states that you're doing non-copyrighted tunes, in order for the pressing plants to manufacture your cds.
As for asking folks permission, its not legal to do so, but just polite to. As long as you make sure you have the license and credit them in the sleeve notes.
This is all if you're doing it professionally through pressing plants.
I'm pretty sure that a publisher of your music can "capture " royalties from pretty much anywhere in the world.
I write songs and one of them I',ve managed to get published . . if you want to have a look a listen its on my publishers web site . . www.thornesmusic.freeserve.co.uk . . click on new releases and you'll find my song "Live in Peace" . . . buy it if you like its only £18 .00 !
Hi stewpot, that's good if it's the case that publishers can "capture" royalties - however, this raises the question as to whether or not it's a good idea to publish things by yourself, rather than trying to get a recognised publisher to publish your music.. Or, does PRS/MCPS serve this function as well? I may contact them with this question - or does anyone else know?
BTW stewpot, I looked at the website you gave above, and tried to listen to your song using IE5 and Firefox browsers, but couldn't get the link to work.
Hi Ron, you will have to download a very small plugin called "scorch" (it takes seconds to download and its on the web page), to see and hear the music . .
Hi stewpot, thanks - it pays to scroll down further, which I hadn't done. It's always interesting hearing what other music folks on this site are involved in.
I know that in Ireland all you need is the name of the composer to credit them and the music organisation the piece of music is registered with.ie imro. You do not need their permission as this insures all royalties will be automatically paid to them.
That said, its probably nice to ask their permission anyway.
I want to "home - produce" a CD, one of the tunes our band performs is 250 to Vigo by Angus R Grant. I think that Lunasa does this tune on one of their CDs.
Do I need to simply credit the composer on the CD or do I need to join a licencing agency. ?
Here is an intereting page called the ugly truth about ASCAP and BMI :
Tune Theft?
Re: Tune Theft?
You will need a Mechanical License or other composer/publisher/heirs permission to record non-traditional tunes. For that matter, you might need a Mechanical License for certain registered arrangements of even traditional tunes, if you follow the same settings.
# Posted on June 2nd 2006 by kkrell
Re: Tune Theft?
Ask permission from the composer!!!You could be sued otherwise!
# Posted on June 2nd 2006 by meri-lawes
Re: Tune Theft?
I've recorded tunes by people who are living and never had anyone object to having their tunes used. Even when I recorded tunes not knowing who the composer was until after the fact, the composers didn't seem to mind. Most people are mostly interested in being credited.
Unless you plan to make a lot of money, most people aren't concerned about royalties it seems... at least in my experience. Most of us producing our own recordings are struggling to break even let alone end up with an amount of profit worth getting a percentage of. If anything you do happens to find it's way into a market where the track is suddenly pulling in a lot of money, then it would be appropriate to offer royalties to the composer.
# Posted on June 2nd 2006 by Phantom Button
Re: Tune Theft?
I think that if a tune has already been recorded then it is fine to record it, but you should probably ask the composer just out of courtesy, and you do have to credit them on the CD. However, if the tune has never been recorded by anyone then the composer has first rights to record it, and they could sue you if you don't get their permission. If you're still unsure about it get in touch with the musicians union.
# Posted on June 2nd 2006 by djones257
Re: Tune Theft?
One of my songs was included, uncredited, in a compilation CD put out by a pub landlord--they copied it from the demo CD of a band I used to play with. I was credited on the demo CD, so there was no excuse for not giving me the credit.
I didn't care about the piddling royalties (the pub's CD was allegedly a benefit for a school, although it had only the school's name on it--no location, or anything else about it--otherwise it was advertising for the pub) but I ended up paying an attorney to make sure I wasn't risking my rights to my own song if I didn't do something about it.
Anyway, legalities aside, crediting the author is just basic courtesy. It's the right thing to do.
# Posted on June 3rd 2006 by John Galt
Re Tune Theft
As a witer, if you produce a CD of your material and offer it to the public for sale or whatever, you run the risk of someone hearing your song or tune and then wanting to play or sing it! To me that is a compliment to my writting. However it is only good manners and common courtesy to ask permission from the composer. Most times they will be thrilled to have someone 'cover' their work.
I did an album of sea songs and wanted to include 'Fiddlers Green' by John Connelly and Bill Meek. I asked them and was told that in all the years the song had been in existance and all the hundreds of recordings done by many, I was the first one that had actually asked permission! They were, however, delighted that I wanted to do it!
It is, in my mind, essential that all credit is given in the sleeve notes - and it doesn't hurt to actually say, "thank you!"
# Posted on June 3rd 2006 by Bobthebirder
Re: Re Tune Theft
In the UK, quite a few of the "bigger" names are registered with PRS/MCPS. If you want to be legal, and your cd meets the criteria you can get a "limited availability" licence from them, and pay about £70.
# Posted on June 3rd 2006 by TomB-R
Re: Re Tune Theft
Surely it's only correct that a composer should get royalties for their compositions, or musicians royalties for their arrangements? I'm aware of PRS/MCPS alliance, and it's importance re the UK, but, what happens if someone in America or another country records your tunes? Is there any mechanism to obtain royalties from other countries?
# Posted on June 3rd 2006 by Ron P
Re: Tune Theft?
Kkrel is right, or at least this applies in the UK...you need to get a license (visit the prs / mcps) website. Basically if you're recording someone elses tunes or songs you have to have this license....otherwise the pressing plants will refuse to press it.
Even if you're doing trad tunes you still have to get a license "waiver" which states that you're doing non-copyrighted tunes, in order for the pressing plants to manufacture your cds.
As for asking folks permission, its not legal to do so, but just polite to. As long as you make sure you have the license and credit them in the sleeve notes.
This is all if you're doing it professionally through pressing plants.
# Posted on June 3rd 2006 by rachrach
Re: Tune Theft?
oh, and IMRO is the equivalent of the MCPS / PRS in Ireland.
I'm actually in the middle of applying for my license right now....such a drag but has to be done!
# Posted on June 3rd 2006 by rachrach
Re: Re Tune Theft
I'm pretty sure that a publisher of your music can "capture " royalties from pretty much anywhere in the world.
I write songs and one of them I',ve managed to get published . . if you want to have a look a listen its on my publishers web site . . www.thornesmusic.freeserve.co.uk . . click on new releases and you'll find my song "Live in Peace" . . . buy it if you like its only £18 .00 !
# Posted on June 3rd 2006 by Justintime
Re: Re Tune Theft
Hi stewpot, that's good if it's the case that publishers can "capture" royalties - however, this raises the question as to whether or not it's a good idea to publish things by yourself, rather than trying to get a recognised publisher to publish your music.. Or, does PRS/MCPS serve this function as well? I may contact them with this question - or does anyone else know?
BTW stewpot, I looked at the website you gave above, and tried to listen to your song using IE5 and Firefox browsers, but couldn't get the link to work.
# Posted on June 3rd 2006 by Ron P
Re: Re Tune Theft
Hi Ron, you will have to download a very small plugin called "scorch" (it takes seconds to download and its on the web page), to see and hear the music . .
# Posted on June 3rd 2006 by Justintime
Re: Tune Theft?
Hi stewpot, thanks - it pays to scroll down further, which I hadn't done. It's always interesting hearing what other music folks on this site are involved in.
# Posted on June 3rd 2006 by Ron P
Re: Tune Theft?
I know that in Ireland all you need is the name of the composer to credit them and the music organisation the piece of music is registered with.ie imro. You do not need their permission as this insures all royalties will be automatically paid to them.
That said, its probably nice to ask their permission anyway.
# Posted on June 5th 2006 by eurbanjo
Re: Tune Theft?
I want to "home - produce" a CD, one of the tunes our band performs is 250 to Vigo by Angus R Grant. I think that Lunasa does this tune on one of their CDs.
Do I need to simply credit the composer on the CD or do I need to join a licencing agency. ?
Here is an intereting page called the ugly truth about ASCAP and BMI :
http://www.shadoshea.com/services/royalties/index.php3
# Posted on December 27th 2007 by b0dhran
Re: Tune Theft?
Shooglenifty's website and myspace page has contact information. You could ask their management how you should proceed.
# Posted on December 27th 2007 by GaryAMartin