Will a compulsory license cover my use for mashup of cover songs?

[lullaby215]

What is the name of your state (only U.S. law)? CA

My band does cover songs and we usually get a compulsory license for each song. We would like to do a mashup, incorporating more than 1 cover in a single song. I saw that with a compulsory license, you cannot change the lyrics or melody too much. The question is, how much is too much? When does altering a cover song turn into creating a new derivative work? How much creative license do i have when i use a compulsory license?

Is there any caselaw on this? I was hoping to get away with two separate compulsory licenses for each song I include in the mashup.

Thanks

 

[quincy]

What is the name of your state (only U.S. law)? CA

My band does cover songs and we usually get a compulsory license for each song. We would like to do a mashup, incorporating more than 1 cover in a single song. I saw that with a compulsory license, you cannot change the lyrics or melody too much. The question is, how much is too much? When does altering a cover song turn into creating a new derivative work? How much creative license do i have when i use a compulsory license?

Is there any caselaw on this? I was hoping to get away with two separate compulsory licenses for each song I include in the mashup.

Thanks

First, I am going to recommend that you personally review with an IP attorney in your area the particulars of your uses of the copyrighted songs.

Under most circumstances, when someone wants to use another's copyrighted work, permission must be obtained directly from the copyright owner. With a compulsory license, however, this permission is not necessary. Instead, you need to send a notice to the copyright holder that you intend to use the song and you send this notice along with the proper statutory fee to cover your use.

Go to http://www.copyright.gov, the U.S. Copyright Office's home page. Find "Copyright Arbitration Royalty Panel" (CARP) and click on it. Then scroll down to Mechanical Royalty Rates to determine how much you will need to pay the copyright holders for use of their material. If you create 10,000 cds containing the copyrighted song, for example, and the rate is 10 cents a song (I think it is actually around 9 cents currently?), then you would need to pay the copyright holder $1000.

That said, if you wish to use only a portion of the song, or portions of several songs, it could be to your financial benefit to negotiate directly with the copyright holders for a lower-than-statutory rate.

You are correct that a compulsory license allows you some freedom when arranging the material. But it is still necessary to maintain the core of the song (ie, its melody). How much altering is too much is a question that I cannot answer. It will often depend on the artist. And this is the reason a personal review by an attorney in your area is recommended. You do not want to create your music only to have your compulsory license revoked.

Good luck.