Licensing (Unreleased) Cover Songs

[jonsmith]

One of my bands has just completed an album, which we are planning to distribute in both the old fashioned way (CD) and via streaming/download services (Spotify/iTunes etc.).  On it, we have a cover of an instrumental song by another band, which we have reworked and written words for.  The other band - who we are friends with and actually contains two former members of our band - is fully aware and happy for us to do so, providing a credit is given to their original composition.  They themselves have not yet released the tune, though in time I'm sure they will.  We want to do things correctly and declare that our album contains a cover on our submission to the distributor service, but all say that we need a licence to use someone else's composition.  However all the licensing services refer only to compositions that have already been released in some form, which is not the case for this composition.

In financial terms, the album is unlikely to generate much cash, either for us or for them as composers of one of the songs, but just in case...

Does anyone know how to go about licensing a song in these circumstances?

[BigRedX]

IIRC, if the "original" has not been released then you can't release a cover of it.

However... does your new version with lyrics have the same name as the instrumental, and are the two compositions easily recognisable as being the same piece of music? If the answer to either of these is no then there will be a case for counting your version as a new composition, and so long as you also include the people from the other band who wrote the original version as songwriters you can register the this piece as a new composition with the PRS under one of your writer members accounts and then technically no licence will be required.

[Mykesbass]

As long as they are not with a publisher or collection agency (MCPS) you can have a license from them. Simple agreement that you can show to any manufacturer or distributor.

[jonsmith]

Thanks for the advice.  

 

We have given it a new title.  All the words & the vocal melody were written by us.  The basic chord sequences are the same, although we have mangled the chords and time signatures quite a bit.  Sounds like it might be easiest to list them as co-writers of the new song. We already have written confirmation that we can use it as long as we give them credit for the original idea.  In the unlikely event that we earn any money from it, I’d like them to earn some too.

[BigRedX]

12 minutes ago, jonsmith said:

Thanks for the advice.  

 

We have given it a new title.  All the words & the vocal melody were written by us.  The basic chord sequences are the same, although we have mangled the chords and time signatures quite a bit.  Sounds like it might be easiest to list them as co-writers of the new song. We already have written confirmation that we can use it as long as we give them credit for the original idea.  In the unlikely event that we earn any money from it, I’d like them to earn some too.

That will count as a new song. 

Are your band or the songwriters involved from the other band PRS/MCPS members?

[Mykesbass]

Yes, new song. Apparently, only melody and words can now be copyright. Chords, there's not enough of them to go around for anything brand new!

[jonsmith]

Thanks for further info.  I don't think any of those involved are PRS/MCPS members at present.  This is the first time we've released something outside of sticking it on Bandcamp/handing out a few CDs, so that may change shortly.