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User Name Thread Name Subject Posted
Andy, Port Erin, I-O-M In Search of Nic Jones CD (129* d) RE: In Search of Nic Jones CD 04 Mar 08


If you wanted to record one of Nic's songs then providing it has been or is in "first distribution" you do not need any permission but as always it is courteous to gain that OK if you can. It is up to the person who then distributes that title to register the new performance with MCPS etc so that WHEN it is manufactured (by any means) the mechanicals royalties are accounted and collected. Reciprocal deals with other collecting agencies will then mean that royalties are collected and distributed properly from any territory in the World where the record is manufactured and sold.

The manufacturer of the "mechanical" piece (CD, Vinyl, tape etc) needs obtain a licence to manufacture and the granting of that licence, in the UK, has been gifted to the MCPS. If the title is not registered with MCPS by a composer/arranger member etc, the MCPS will have no interest in it and will not collect on behalf of the member concerned. That does not mean therefore that a royalty is not payable and the manufacturer will need to ensure that due arrangements have been made to pay the royalty to the publisher/author/arranger independently of the MCPS or risk procedings under the law. I think it goes without saying that the chances of being "done" other than by MCPS are remote as so many who SHOULD know better simply dont take care of their copyrights. They then become prey to Carion!!! You know what I mean, I am sure.

In short its a minefield where artistes etc are routinely rogered by unscrupulous individuals and companies simply because they fail to bother with such details.

There are also many cases where certain people have had the audacity to "claim" ownership of PD/Trad titles!! Does the MCPS care, nah. They will generally take the line of least resistance and pay out to the most audacious! This often happens when titles with the same name (but otherwise entirely different) are "claimed" by the better known "owner". Poor old Buck Owens lost out big time to the Presley writers for the song "Hot Dog" for instance.

There is no doubt that the best, safest and most honest way is to engage with the original writer/artist/publisher or its estate to ensure that copyright is acknowledged and that any recording deal is set up properly and is mindful of the obligation to remit the appropriate royalties.

Sorry if that sounds like a lecture but its a topic very close to me and one I feel quite passionately about.


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