Question about recording new vocals over someone else's master -

[jpreg]

From Michigan:

Hi,

I've read all about the rules regarding covering someone else's song and selling it under your bands name, however I have a question thats a little more complicated...

I was once in a band that recorded a 4 song EP for a very small local indie label. The band broke up after its release, and I eventually started a new band with all new members. - My old band had a song that had potential but never really got to see the light of day due to our break up. Now, I am interested in recording a "cover" of one of my old bands songs for my new band, however I am interested in simply taking the previous musical recording and putting my current lead singer over the track, as opposed to re-recording the entire song.

What are the rules in a situation like this? Can I get in any legal hot water if I cover the song by simply recording new vocals over the original recording - even if I classify the release as a "cover"?

Any help at all would be greatly appreciated. Thank you!

John

[FlyingRon]

You will need to address the rights of the other parties who contributed to the first recording. First off, unreleased works are not subject to compulsory royalties, so you can't just make a cover as you could for a released record.
Second, the compulsory royalties are for the "mechanicals", i.e., the right to make/sell your own record with the covered song. If you want to use parts of someone else's performance you also need master rights.

Your best bet would be to round up the old gang and negotiate some sort of deal.

[jpreg]

Ron,

Thanks for the reply - Couple things to clarify...

To clarify a few things, the original 4 song EP did see an official release - Just small in numbers.

I do not have master rights, and by simply using the exact same recording and just replacing the lead vocals, I would be using the recorded performances from 3 other guys.

So all in all, I would have to approach the original members, and the individual who ran the indie label the record was released under who owns the master and get everybody cut in?