Recording of Cohen songs

[peter danielsen]

Hi
My friend and I have this duo called Brothers of Mercy, playing cohen songs. We would like to make a cd and sell it on the net on our own label. Do anyone know the rules for this, I mean what are the legal acspects. Must cohen accept this, or must we pay him or sony/columbia for using the songs.


Peter

[jarkko]

Start with Sony Denmark. They will advice you how to proceed. You will - unfortunately - find out that it is not going to be simple. In case you want to record Danish versions, you have to get the translations approved etc.

[peter danielsen]

Well I have contacted Sony Denmark, and as always I wait and wait for their reply. It will not be danish translations, but original lyrics

Peter

[jarkko]

Original lyrics make things easier. Sony owns the rights to the old songs, so you will need to get contract with them in some way!

[peter danielsen]

Thanks for reply jarkko, I will begin the battle tomorrow
Peter

[Adrian]

Peter, you may find the process not so arduous - but it will take some research.

Published songs are administered by agencies around the world, making it not required to contact the artist/writer or record label(s). In the US, the Harry Fox Agency is prominent. In Canada, where I live, it is The Canadian Musical Reproduction Rights Agency (CMRRA) http://www.cmrra.ca from which you can obtain the mechanical rights to the songs of Leonard Cohen - and most every every creator you'd want to cover!

Search the database of the CMRRA or Harry Fox or their counterpart in your home country/region - and find the songs you wish to cover. Then, it is a matter of form-filling and paying the mechanical license fees. This will be approximately $0.08 to $0.10 per song you wish to cover X the number of CD units you are pressing. For example, to press 1000 CDs containing a single song, say, "Sisters of Mercy", it will cost you about $80.00 to $100.00. For 1000 CDs of a full album, say, 12 songs, all Cohen covers, you will be submitting a payment of around $1000.00 (12 X $80.00+). If you are pressing less CDs, you pay less, naturally, and if you are pressing more, then, you pay more.

It is a very straightforward process as long as you are not making changes to the songs. As Jarkko points out, if you want to make Danish language versions, then, you are going to need express permission from the folks who hold the publishing rights and that can become a quagmire. If, like most people who record covers, you are just wanting to record the songs as written, then, it's a simple matter of doing the math, and sending off your payment.

[peter danielsen]

Thanks so much adrian for your answer.

Ps: what if the album is only sold via the internet, that is without pressing cds, as downloads?

Peter

[Adrian]

I'm happy I can help in some way, Peter. Again, my knowledge comes from a base in Canadian/North American dealings. The principles are the same, but, the pricing due to currencies etc. you need check closest to home for you.

The rates for "mechanicals" are the same for downloads as they are for physical CDs (eg. around $0.08 - $0.10 per cover, per usage). Now, of course, payment becomes a different matter - for when you press CDs, you know how many you are making, and can calculate the royalties, and pay "up front". With downloads, you only know after publication what are the sales. I believe you'll find most rights agencies will ask you to calculate any download sales quarterly, and report/pay back to them within some specified period of time. You can go through the CMRRA, but, more likely, you will choose an European-based rights agency. They can tell you the specifics.

FYI, streaming (as opposed to downloading) is another price structure all together.

All the best with your recording!