What to do when Harry Fox fails?

Subject: What to do when Harry Fox fails?
From: dwditty
Date: 27 Feb 03 - 11:20 PM

I am trying to secure mechanical licenses for some covers I am including on my soon to be ready cd.   Most of the songs I have found through the Harry Fox Agency. Two of the songs (Dylan's Simple Twist of Fate and Randy Newman's Every Time It Rains) are in the database but it says mechanical licenses are not available. I am hoping there is some way to license these songs somewhere. Does anyone have any suggections? Thanks.

dw

Subject: RE: What to do when Harry Fox fails?
From: Amos
Date: 28 Feb 03 - 12:15 AM

Outa my experience, DW, sorry -- maybe Jed, Sorcha, or Rick could help...


A

Subject: RE: What to do when Harry Fox fails?
From: GUEST
Date: 28 Feb 03 - 12:55 AM

www.bmgmusicsearch.com

Subject: RE: What to do when Harry Fox fails?
From: Seamus Kennedy
Date: 28 Feb 03 - 01:19 AM

Once in a great while, a writer will not allow his songs to be recorded by anyone else. Irving Berlin, and now his estate, were very careful as to whom they would issue mechanical licenses. Maybe a phone call to HFA would clear things up. Or, sometimes it's better to ask forgiveness than permission.....

Seamus

Subject: RE: What to do when Harry Fox fails?
From: DonMeixner
Date: 28 Feb 03 - 01:56 AM

Hi DW,

We left a very nice version of Night Riders Lament off our new CD for just that reason. I must admit I like Seamus's idea about Forgiveness vs. Permission tho'

Don

Subject: RE: What to do when Harry Fox fails?
From: Seamus Kennedy
Date: 28 Feb 03 - 03:20 AM

Hi Don. The thing about forgiveness vs permission is sometimes you can record the song, send them a royalty check and if they cash it you're home and dry. The canceled check is proof that you've done the right thing. If they send it back uncashed and demand that you remove the song from your recording, you're screwed. If you don't say anything at all and wait till they catch up with you, you've got a helluva lump sum to come up with either in penalties or royalties. Of course if they don't catch you, and your concience doesn't bother you...
Wasn't the Night Rider's Lament an Ian Tyson song, and isn't he covered by HFA?
How did the Tommy Makem thing go, by the way?
Hope to see you guys at a festival somewhere this year.

Seamus

Subject: RE: What to do when Harry Fox fails?
From: DonMeixner
Date: 28 Feb 03 - 11:19 AM

Hi Seamus,

Night Rider's was written by Michael Burton. Most recently recorded byGarth Brooks.

Subject: RE: What to do when Harry Fox fails?
From: DonMeixner
Date: 28 Feb 03 - 11:26 AM

Hi Seamus,

According to HFA, Night Rider's is a Michael Burton song most reently recorded by Garth Brooks. Some one at the reproduction shop suggested that Brooks may have bought the rights to the song and pulled it from circulation. More to keep George Strait of Alan Jackson from recording it than The Flyin' Column probably.

As far as Tommy Makem is concerned, I am waiting to send the new CD along with my letter. That way he can see the used by permission and copyright attribution.

I expect we'll see you about. You doing Mirage Mountain by any chance?

Don

Subject: RE: What to do when Harry Fox fails?
From: Midchuck
Date: 28 Feb 03 - 11:59 AM

As I understand the law, the mechanical license is mandatory if the song has ever been released to the public on record. The copyright holder can't stop anyone from recording and releasing it, he/she/it can only demand the statutory royalty.

Caveat: I am a lawyer. I'm not an intellectual property lawyer.

And I don't know what the proper procedure is if the license is refused. It certainly isn't worth while suing to force the issuance of the license.

P.

Subject: RE: What to do when Harry Fox fails?
From: dwditty
Date: 28 Feb 03 - 01:30 PM

Thanks for the info so far. I do have a call into HFA. My 500-1000 copies would probably not cause much fuss one way or another, but I do have a conscience and want to be as thorough as I can be. Of course, I have no problem getting down on bended knee and asking forgiveness.

Other ideas are welcomed.

Thanks
dw

Subject: RE: What to do when Harry Fox fails?
From: dwditty
Date: 01 Mar 03 - 08:06 AM

refresh

Subject: RE: What to do when Harry Fox fails?
From: Roger the Skiffler
Date: 02 Mar 03 - 05:20 AM

rejoice!
RtS