Well, first off, the whole business is run by lawyers, so you know there is no absolute answer to all this - leaving room for litigation guarantees future work. Yes, I am cynical about this topic.

That being said, I licensed several songs when I made a cd (self produced). I found most songs on songfile.com (Harry Fox Agency), and it was a simple matter to click, enter credit card info, etc, and I printed the license. Some songs were not listed on songfile, and I had to go to the publishers directly. No problems, except trying to license Simple Twist of Fate which was published by Ram's Head Music, which subsequently disappeared. When I finally found Dylan's publisher, I licensed the song, and their agreement stipulated that I had to send a copy of the finished CD so they could verify that I did not change the song.

So I guess the answer is....'It depends."

I had recorded a song, but could not find any information on the publisher and, therefore, could not license it....it never made it on the CD.

The bottom line is, if you are going to use a song, you must license it. A friend included some music (Springsteen, I think) in a home video of her kids. She put it on Facebook, and was told within days that she was in violation of copyright laws and to remove it immediately. She was mad, but she had to comply as she did not have a license to use the music.

Obviously the laws were written long before the internet and the ability for people to easily produce versions of songs and display/perform/sell/etc. them publicly. WHile the writer certainly deserves to be paid for his/her work, it seems the system need to change.

Hey, here is an idea. Since everyone has or has access to email, allow the person to wish to use the music in some way to communicate with the artist and determine if and what the charge to do so should be. Oh wait, I forgot about the lawyers....damn, it will never fly.

dw