But then I discovered an interesting legal fact: Once a song has been commercially released by an artist, that artist’s song may be re-recorded and released by anyone who chooses to do so. This holds true, provided that the melody/lyric isn’t substantially altered in the “cover” version, and that they pay proper fees/royalties directly to the song’s copyright holder. (On the flip side, if you release a disc with cover songs on it, then try to obtain proper licensing after the fact, you’re no longer eligible and possibly subject to penalties/prosecution for copyright infringement!)

All I needed to do was investigate who owned the publishing rights to those Jimi Hendrix and Billy Joel songs. This information (including each publisher’s address) was readily available through the following Performance Rights organizations:

BMI (www.bmi.com)

ASCAP (www.ascap.com)

SESAC (www.sesac.com)

Later, I found that the above “publisher’s search” process could be sped up considerably by going through the Music Publishers’ Association’s web site (www.mpa.org).

After obtaining both publisher’s contact info, I was left with that resounding “Now what?” feeling. Again, the ol’ internet paid off. I found I needed to send to each publisher what’s referred to as a Notice of Intention to Obtain Compulsory License for Making and Distributing Sound Recordings. After more cyber searching, I finally found out what the heck that was?at the overwhelmingly incomprehensible (to my neophyte self) U.S. Copyright Office web site. Reading that document was almost enough to make me toss in the towel (and my cookies).

From here, the Billy Joel licensing process went off without a hitch. I sent in the above letter (certified mail, return receipt); upon receipt, they asked me via e-mail to specify the number of copies I intended to sell (information omitted from the “pre-fab” letter I used). They then sent a written agreement for my signature, additionally asking for an $85 check covering the sum of advance royalties paid on 1,000 units. (My research revealed that you could try to negotiate a lower royalty rate with each publisher. However, I happily agreed to pay the “compulsory”?or “standard mandatory” rate.)

This agreement also provided me with the exact wording for the “publisher/writer credit” I needed to include in my CD’s liner notes, and stipulated that the publisher receive two copies of the disc “as released.” (Individual writer/publisher credits for every song you cover needs to be included in your CD’s liner notes, by the way.) Upon execution of the agreement, they granted me the license and quickly sent me a hard copy for my records.

A search for Hendrix’s publishing was another matter entirely. Depending on which performance rights organization I searched through, both “Bella Godiva Music” and/or “Experience Hendrix LLC” administered Hendrix’s publishing rights. To make a long story short, Experience Hendrix LLC was the correct one. I sent my same “pre-fab” letter to their P.O. Box (the only indicated address); it came back three weeks later as “undeliverable to addressee” because nobody signed for it. (Again, I sent it certified w/return receipt a bad idea for P.O. boxes, apparently.)

On a deadline by now (I was looking to release this disc in a couple months), I located a phone number for Experience Hendrix LLC and got the ball rolling that way. Upon reaching them, I was informed that they needed to approve a copy of my “cover version” first, before they could grant me a mechanical license. Fine by me! I sent them a CD-R copy of my almost-final mix and, a few weeks later, finally got the official “go ahead.”

So there you have it: Two of three possible paths for legally covering another artist’s song. In the end, if you go direct to the publisher, you’ll do away with the HFA’s $10 filing fee. Personally, given the time it took “going direct” (to say nothing of the anxiety it caused), I’d gladly pay that $10 any day of the week! You’ll just need to weigh your own personal “time vs. money” options.