Covering rights (lawyers)

[e_wind]

If I wanted to record some friends band, that cover a song, but alter it significantly (change lyrics), how do I cover my ass and/or their asses.


I know once you alter the song it's a different beast.

[el_chode]

It doesn't change the game. This is too much for me to  type on my phone though. Short answer: when you say record, do you mean for an album to be sold or live performance for arhival purposes?

[e_wind]

Album to be sold. This is purely spectative, I have no idea if they would plan to record this cpver

[e_wind]

I read somewhere that changing the song significantly makes it more of a legal issue

[el_chode]

First of all, the only legal advice I'm about to give you is that none of this is legal advice. So don't go and say "chode told me" when the MAFIAA comes knocking.

You're probably thinking of Fair Use (herein known as "FU" or the "FU Defense"). There are 4 factors, one of which is how much you change the work. But all 4 factors count. Simply changing the lyrics with nothing more won't get you anywhere unless those lyrics are all meta and shit and make fun of the original song or possibly something else interesting.

Keep in mind this a DEFENSE; specifically, the FU defense. It's not a license - it comes up after you get sued and you're all like FU, Bono, this is fair use!

For putting it on a CD you don't need to ax anyone permission, you just have to put some money aside to pay ASCAP/BMI for the royalties for recording someone else's music EVEN IF YOU DON'T MAKE A DIME. Keep in mind the individual holding the rights to the music may not be the same as the one holding the rights to the lyrics, so plan accordingly.