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BMI Licensing Query - song isn't on Harryfox

sharyn 30 Jan 09 - 11:08 PM
Joe Offer 31 Jan 09 - 04:05 PM
The Villan 31 Jan 09 - 05:16 PM
sharyn 31 Jan 09 - 05:31 PM
Suffet 31 Jan 09 - 05:33 PM
The Villan 31 Jan 09 - 05:39 PM
sharyn 31 Jan 09 - 06:04 PM
Bonnie Shaljean 31 Jan 09 - 10:29 PM
Bonnie Shaljean 31 Jan 09 - 10:34 PM
Joe Offer 01 Feb 09 - 01:15 AM
sharyn 01 Feb 09 - 01:37 AM
Bonnie Shaljean 01 Feb 09 - 04:21 AM
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Subject: BMI Licensing Query
From: sharyn
Date: 30 Jan 09 - 11:08 PM

Another licensing question as I wade through the quagmire of mechanical licensing. A certain artist has a song listed in the BMI repertoire list. I know who the artist's publisher is and have contacted the publisher via email on publisher's website but have not received any reply.

Meanwhile, the artist himself wrote to me and said if I am "self-releasing" I do not need to pay for a mechanical license.

As usual, I am trying to do the right thing -- I don't mind paying for the license, I just don't know how to do it since BMI refers to Harry Fox Agency, but HFA doesn't have the song. BMI has it, but does not license. Bug Music has itm but does not respond.

Has anyone else experienced this? What did you do to resolve the licensing issue?

Help, please

Thanks,

Sharyn


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: Joe Offer
Date: 31 Jan 09 - 04:05 PM

Anybody have an answer for this? The song, "We Sing Hallelujah," is listed by BMI, but not by the Harry Fox Agency. How can Sharyn get a license for recording?

-Joe-

Here's the song list for Sharyn's CD, which she posted in another thread:
    Paris (Sharyn Dimmick)
    Vandy, Vandy (Trad/Coltman)
    No More Fish, No Fishermen (Shelley Posen/John Goss)
    Big Yellow Taxi (Joni Mitchell)
    Morning Shanty (Sharyn Dimmick)
    Little Sadie (Trad)
    When You and I Were Young, Maggie
    Barbara Allen (Trad)
    Hard Times (Stephen Foster)
    WALLFLOWER WALTZ (Sharyn Dimmick)
    The Hallelujah Trilogy: We Sing Hallelujah (Richard Thompson)/The Battle    Hymn of the Republic (Julia Ward Howe)/Hallelujah (Leonard Cohen)
    Bringing in the Sheaves


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: The Villan
Date: 31 Jan 09 - 05:16 PM

Isn't BMI the equivalent of PRS in UK

http://www.bmi.com/


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: sharyn
Date: 31 Jan 09 - 05:31 PM

Hi Villan,

I'm a Yank -- don't know anything about PRS. BMI is one of several performance rights organizations in the U.S. I have their website already (thanks) but they don't license directly from their website like HFA -- in fact, as far as I can tell, they don't handle mechanical licensing. Their publisher-members do, but some of them don't answer queries.

THanks for trying.

Sharyn


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: Suffet
Date: 31 Jan 09 - 05:33 PM

Sharyn,

HFA acts as the agency for the publisher. If that's Bug Music, they should respond. If not, just send them a notice to obtain a compulsory and you are legally covered as long as you follow the procedures on the US Copyright Office website. Once they receive your notice, they will probably respond. If not, then continue to follow the compulsory license procedures

What the artist (Richard Thompson or whoever) told you may be the reality of the situation -- Bug Music may not want to bother with small potatoes -- but it's not what the law says. The US Copyright Office is the final authority.

By the way, in my own experience, whenever I told a publisher that I wanted to record one of their songs that was in the BMI repertoire but not on HFA, they thanked me and then got it listed with HFA within a few days.

Best of luck.

--- Steve


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: The Villan
Date: 31 Jan 09 - 05:39 PM

Sharyn
I wasn't trying.
I was interested and trying to understanding the US side..
In the uk PRS handles public performance of songs and MCPS handle recordings etc.
Les


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: sharyn
Date: 31 Jan 09 - 06:04 PM

Thanks, Steve.

I'll go to the Library of Congress next.

Sharyn


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: Bonnie Shaljean
Date: 31 Jan 09 - 10:29 PM

Sharyn, I think the actual title is We'll Sing Hallelujah - I could be wrong, but try looking up under that spelling.

Also go to

http://www.prsformusic.com/Pages/Rights.aspx

(it used to be www.mcps-prs-alliance.co.uk)

which now seems to be the website for the PRS-MCPS Alliance, and ask someone there. Richard Thompson is British and that's an old song, probably from before he moved to California (not sure) so maybe the original rights are lodged in the UK.

I have a feeling that legally you will have to pay royalties, whatever the artist says, but I could be wrong. That's another query to put to MCPS because it may be different in Britain, if that's where the original publishing resides. Let us know how you get on -


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: Bonnie Shaljean
Date: 31 Jan 09 - 10:34 PM

Nope, you're right, it's "We Sing"


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: Joe Offer
Date: 01 Feb 09 - 01:15 AM

Hey, Bonnie, she got the information on the song title from me....and I was right, wasn't I?
-Joe-


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: sharyn
Date: 01 Feb 09 - 01:37 AM

Thanks, Bonnie.

I thought it was "We'll Sing" too, but Joe was right and I'm glad he was -- prevents embarrassing mistakes on liner notes!

See above post by Suffet: you are supposed to pay royalties on anything you don't own that has not passed into public domain: a songwriter can release you from that obligation if he or she chooses -- the owner of a work is free to make alternative royalty arrangements, but doesn't have to.

I know that RT's publisher is Bug Music because he told me himself and made me a hyperlink to them. I have attempted to contact them more than once. The next step is to follow the Copyright Office protocols, which I will do.

All the best to everyone. Thanks for your help.

Sharyn


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Subject: RE: BMI Licensing Query - song isn't on Harryfox
From: Bonnie Shaljean
Date: 01 Feb 09 - 04:21 AM

> ...she got the information on the song title from me....and I was right, wasn't I?

Yes O almighty one !! [bows three times in the direction of Sacramento]

Yes, I saw Suffet's post. It was 3:30 in the morning Irish time when I wrote. Note to self: More sleep, less internet.


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