Licensing for original arrangements of cover songs

[B_Boogie]

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

I am planning on releasing a music album that includes original arrangements of someone else's songs. What kind of license(s) do I need to obtain to (a) be able to sell and profit from these songs on a CD, and (b) be able to distribute the songs on digital and streaming platforms?

The arrangements are my own and are not note-for-note renditions of the songs.

Bonus question: Is it possible to copyright my original arrangement of a song that I do not own the rights to?

 

[FlyingRon]

To make phonorecords (which includes not only vinyl, but CDs and digital downloads) of something that someone else has made a previous phonorecord, you have to pay the statutory mechanical royalties (around $6 for the first 500 copies of the song, roughly). The trick is to figure out who to remit it to. Fortunately, most of the mainstream publishers subsrcribe to the Harry Fox Agency (www.harryfox.com) where you can look up the song in their "songfile" and remit your royalties. If it's not there, you'll need to do some research as to who the owner is.

Your version is copyright from the time you set it down. Of course, yours is a derivative work, so while your changes are yours, you can't use it without a license of the original work owner.

Of course, any public performance (i.e., on a website or in a concert venue or bar or music on hold or whatever), requires a performance license. These are available from the PROs (in the us ASCAP, BMI, or SESAC...add '.com' to find their websites).

Both the HAF and the PROs have quite detailed FAQ and other info on their pages about all this.

 

[quincy]

FlyingRon covered everything nicely. Following are live links to access Harry Fox and ASCAP.

For recording rights, Harry Fox: https://www.harryfox.com/find_out/aboutus.html

For performance rights (TV, internet, radio, venues, etc), ASCAP: https://www.ascap.com/help/ascap-licensing

For use of existing recorded works, you (generally) need permission from the music publisher (who owns the rights in the words and music of a song) and the record label (who owns the rights in the sound recording (musicians, singers). Mechanical rights are licensed by the writers/publishers.

Many new artists find it helpful to have an agent, to handle the business side of the music business. If you decide to have an agent, make sure to interview several before settling on one - and investigate each agent and agency well.

Good luck.

 

[FlyingRon]

Note, another question you didn't ask is making copies of your arrangement, which also requires permission.
For example, if I want to take whatever the latest pop tune is and rescore it for the local highschool marching band, making those copies requires permission.

 

[quincy]

Here is a link to the Copyright Office's Circular 14, on registering a derivative work: https://www.copyright.gov/circs/circ14.pdf

One of the main reasons many creative musical artists choose agents is that the business side of music can be a bit overwhelming to a new artist. There are several entertainment agencies located throughout Pennsylvania, or an artist can seek out assistance from an attorney who specializes in entertainment law (which is not a bad idea either way).