How You Can License Any Song
When you hire us for licensing, we follow the Compulsory Mechanical Licensing
Law, which allows you to legally record your new
version
of any existing song, even without the Copyright holder's express
permission. You might have heard that Prince is protective of his artistic works
and that he does not give permission to make new recordings of his songs. If you
ask him directly, Prince can demand any fee or simply deny your request
outright. But when you hire us to follow the Compulsory Law for you, you can legally record anyone's
song, even Prince's. This law fosters artistic creativity and allows indie
musicians to create new versions of very popular songs.
Steps of the Compulsory Law
The Compulsory law mandates a
number of regulations for reporting to the copyright holder and for paying royalties.
The steps are complex, but we do it all for you.
First we send a Notice of Intention to the copyright holder. This document
declares your intention to release your version of their song and includes your
album information, such as the title, artist, release date, anticipated
quantities, and more. The Notice of Intention is sent after manufacturing, but
before distribution. Then, we follow up with a Statement of Account, which again
details the project and the royalties due. This is accompanied by the royalties
and is due no later than the 20th of the month following the first date of
distribution. Finally, the copyright holder may request an Annual Statement of
Account audited by a certified public accountant.
No Physical Licenses
Under Compulsory Law, no paperwork is received from the copyright holders.
Instead, a license is automatically granted and the copyright holder is not
required to send any return paperwork.
Limitations
Some restrictions in the law limit its use. While you are allowed to make a new
arrangment of the song, a Compulsory license cannot be obtained if there are
fundamental changes to the lyrics or melody. Also, the copyright holder has the
right to be the first to release their song. So, you can only get a Compulsory
Mechanical license if the song has already been released. International songs
not copyrighted in the United States are not subject to the Compulsory Law.
We must be able to make at least one solid attempt at contacting the
Copyright holder. So if we are unable to establish ownership, a song cannot be
licensed under Compulsory Law. Finally, selling your album is allowed
under this license, but not for public performance; background track; or karaoke
purposes. Only for private listening by the end user.
We will not be able to help you get a Compulsory Mechanical License if
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you change the lyrics of the song, |
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you change the fundamental melody of the song (general rearrangement is allowed
however), |
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you choose an international song, not copyrighted in the United States, |
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you choose a song that has never been released, |
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we are unable to confirm the copyright holder of the song, or |
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you will release the song for any purpose other than personal private listening
by the end user. |
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Circular 73
The Copyright Office's official document that explains Compulsory Mechanical
Licensing Law.
Section 201.18 of Title 37
A sample taken from the actual law illustrating the steps of Compulsory
Licensing.
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