hi!

i'm not a lawyer either, but, in the United States at least (i don't know about other countries), once a song has been recorded and released to the public for sale (even if it's a small-run, independent release), anyone can then record it freely _without_ permission from the songwriter or copyright holder. if you do record the song, though, you have to pay royalties on any sales. you have to file for a "mechanical license" or something like that, and i believe the royalties are paid to Harry Fox or a similar agency, probably quarterly or yearly like taxes (not sure about the technical parts -- never done it myself. it sounds like a hassle, which is why i only record traditional (public domain) or my own material!) if anyone's interested in the technical aspects i'll look it up for you.

(this is the _legal_ way to do it. i'm not saying everybody does pay royalties who puts out recordings. other posters have pointed out the difficulties in collecting royalties from a small-run recording. by the way, reputable CD manufacturers will want to see copies of your mechanical licenses before they will duplicate your CD).

anyway, Sleepless Dad, go ahead and record your songs! you don't need permission _if_ and _only if_ the songs have been recorded and released previously. (if they haven't been released, then you do need permission). you aren't selling your CDs, so you don't have to file the licenses. if you decide to sell them in the future, you can file then. asking the songwriter for his or her blessing is just a courtesy. (that's why you never heard back from those writers, Uncle Dave. you already had the right to record; they just never bothered to respond to your queries).


wyllow :) :)