Thanks for the details, Ganey! You could teach a class!

I would love to look at the actual copyright registration form for Viens me Chercher and see if it was registered as a derivative work and whether Tante Aline by Amédé Ardoin & Denus McGee was named as a source for the melody. If not, you would think it could be ruled a frivolous, bogus registration and invalid, at least for the underlying music and lyrics if not the recording, but I'm not a lawyer.

I have been in a couple of different bands (not my own band) where recordings were made and no royalties were paid. And I know plenty of others who have done that as well.

Since I was only a side man on those projects, I don't know if any thought was ever given about doing things the "right" way or not.

However, the reason for the recordings was to serve primarily for promotional purposes, not as a way of making money. I doubt that the break even point was reached. (not a valid excuse, I know, but I'm just sayin')

I am not saying it is right and/or legal. But it seems to be very common for homespun recordings of this nature to fly under the radar on this issue. I guess everyone is hoping that it won't develop into a problem later on. I have certainly never heard of anyone being called out for it.

I have been thinking about making a CD of my own lately, and this issue has been at the back of my mind. I had no idea the cost was that high. So, if I have a CD with 10 copyrighted songs, it's going to add nearly $1000 to the cost of the project? Ouch! That is not in the budget. No wonder people cheat.

I know what you mean, David. It can add up. You are correct in saying that people fly under the radar. Depending on the publisher, you just might get questioned just like I did. In my case, I am trying to establish a reputable label. I can't fly under the radar. An option would be to only press 500, though the per CD cost for production would increase. I have had some success also by asking the publisher for a discount on the compulsory rate if paid in advance of release. Flat Town gave me a 15% discount the first time I dealt with them, but after we butted heads on the Country song, they quit giving me discounts.

In my case, rather than fly under the radar, I would probably skip the whole thing, unless I can get the budget under control somehow.

What I was envisioning was only for promotional purposes anyway, and I can get by without that. I did not have intentions of selling CDs at a profit. I would be amazed if I was ever able to sell more than a few dozen. It's probably not worth the hassle.

i think the min number is 500
at 9c it would be $45 a song

i'm sure skipping it would result in nothing at all

unless you are doing, like i said, keith frank;s song, and because zydeco is a small community, someone leaked word back to KF

something like that might be a problem

but if you are doing a beatles song, forget it
go ahead

kind of the inverse problem from what you would like to have - you are so small no one would notice - unless you go into an even smaller world - zydeco

promotional purposes does not matter
neither does whether you sell it or not
it is a license to make mechanical copies of a copyrighted work

though to be sensible, if you don;t sell, it is even more unlikely that anyone that cares, would find out

wle

I just realized that I said something that was ambiguous. When I said skip the whole thing, I meant to not make a CD. I did not mean skip out of paying royalties.

I guess the answer is to write your own stuff. But I've heard and I own many Zydeco Cds where the jacket says all songs composed by the particular artist and some of the tunes are ripoffs of other tunes, or the words or both. I guess that Zydeco is such a miniscule market that it just flies under the radar of everyone. I was doing a song that I thought was written by a particular artist and then heard the original rap song by pure serendipity and was shocked! Now when I do it I give credit to both the Zydeco artist and the Rap artist and figure I'm covered! LOL

In time. I've got two right now that are viable. Another 3-4 in the works.

As Snooopy would say change a few phrases and call it your own, screw royalty