I want to release a CD but...

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CarloJuan

Posts: 169
Joined: Sep. 19 2010
From: Philippines

I want to release a CD but...

What if I want it half of it my compositions and half of it would be me playing a 'cover' of other people's compositions?

Should I pay some sort of fee or royalty to Gerardo if for example I include Jucal in my CD?

Thanks

REPORT THIS POST AS INAPPROPRIATE | Date Dec. 22 2013 14:30:45

Paul Magnussen

Posts: 1805
Joined: Nov. 8 2010
From: London (living in the Bay Area)

RE: I want to release a CD but... (in reply to CarloJuan)

Legally, yes. If you’re going to distribute the CD to more than a few friends, you need expert advice.

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REPORT THIS POST AS INAPPROPRIATE | Date Dec. 22 2013 16:06:43

Morante

Posts: 2181
Joined: Nov. 21 2010

RE: I want to release a CD but... (in reply to CarloJuan)

When you make a CD you have to register it in order to make it legal and have a barcode and sell it. When you sign the contract, you agree to pay royalties to anyone who has registered any of the songs.

REPORT THIS POST AS INAPPROPRIATE | Date Dec. 22 2013 16:18:18

bernd

Posts: 680
Joined: Feb. 15 2004

RE: I want to release a CD but... (in reply to Morante)

Is this true or a joke?? Here in Germany we have the GEMA and in Spain the SGAE. If you are going to release a CD, then you´ll have to make a list of titles and composers that needs to be sent to the GEMA and the pressing company (as far as I´m informed). The pressing company is obliged to foreward the GEMA fees to the GEMA. The price for each title is much lower if a small number of CDs is to be released. I think the maximum is 300 or 500 pieces. Above this number it becomes more expensive. But you only have to pay for members of GEMA, SGAE, ASCAP or any other authors right exploiters. If a title is public domain (al traditional music) or its composer is not a member of a right exploiter, theese titles are free.

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REPORT THIS POST AS INAPPROPRIATE | Date Dec. 22 2013 19:10:14

Erik van Goch

Posts: 1787
Joined: Jul. 17 2012
From: Netherlands

RE: I want to release a CD but... (in reply to CarloJuan)

A similar or related question was raised earlier with many responses.

I guess GEMA is similar to Dutch BUMA/STEMRA and many similar organizations. I've always considered them to be mafia. When friends of mine were not payed for records sold outside the Netherlands there was nothing BUMA could do. On top each local official organization like that can make up their own fees. If the russian version decides to sell Paco de Lucia's music way under the normal price i believe there's nothing Paco can do against it.

Recently the dutch Buma was under attack when an artist they owned money to was told "payment could take years unless he was willing to pay a couple of 1000's to speed things up". In this case it was an illegal 1 man action of 1 hotshot of the BUMA (who was fired after the phone tape was played on national television) but it shows their position. Back in the old days my father had to list the pieces and composers of the concerts he gave... in later years they were not interested in the content of a concert anymore, they just charged you a standard fee that went to.... well nobody knows.

I believe publishers have to protect/buy copyrights for specific parts of the world in separate contracts, each involving a lot of administration costs. Piazzollas "Zero Hour" initially wasn't released in the Netherlands because for years it was unclear if the Netherlands were part of the American publishers contract or the German publishers contract.

So i can't answer your question, only raise a couple of more :-(

REPORT THIS POST AS INAPPROPRIATE | Date Dec. 22 2013 22:20:39

bernd

Posts: 680
Joined: Feb. 15 2004

RE: I want to release a CD but... (in reply to Erik van Goch)

For CarloJuan it doesn´t matter whether the right exploiters foreward royalty to the members. It´s just his obligation to pay, so he cannot be attacked due to copyright infringement.

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REPORT THIS POST AS INAPPROPRIATE | Date Dec. 22 2013 22:47:48

Guest

RE: I want to release a CD but... (in reply to CarloJuan)

In Australia we have amcos a branch of our APRA organization. ( Australian publishing and royalties association)
We released a cd sometime back of some regional Brazilian music., as well as original pieces in that style .. .
The first step I imagine is to find out the publishers of the material you want to record and begin the 'used by permission' process for release
In total we paid $108 to publishing companies for the material we recorded.
A very small amount .. No real issue
A hidden advantage of this is we had one composer contact us appreciating the fact that we used his music and asked us if we could forward our interpretation of his piece..
If it's 'falseta's' that you wish to record as opposed to full covers I guess that could be a 'grey' area
Not sure if that helps

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REPORT THIS POST AS INAPPROPRIATE | Date Dec. 23 2013 4:53:18