How do I receive permission to record a song?
The concept is simple: you obtain permission to make
reproductions of music on sound carriers by asking for it and agreeing to
pay certain royalties in return. Such permission is granted in the form of a
contract called a mechanical license. "Mechanical" refers to the
reproduction of copyrighted music in a "contrivance" for the "mechanical
reproduction of music." If this makes you think of music boxes, it's because
it is, admittedly, somewhat outmoded language. Nevertheless, "mechanical
license" is the customary industry term for such permission.
Rates for mechanical licenses are set by negotiation
between the record industry and the music publishers and a single, standard
rate applies to most reproductions.
What is a Mechanical License?
A mechanical license is an agreement between the
user and the publisher of the music which the user intends to reproduce on
sound carriers manufactured or imported into Canada. The license is
extremely specific: it is limited to a particular composition, as
manufactured by the user on a particular product. The license is also
specific as to the catalogue number of the product, the playing time and the
performer. Note that licenses are not issued per album but, rather, on a
song-by-song basis. If your release contains 10 songs, you must obtain
permission for each one.
The ownership of a copyright, like that of a
building, can be divided between more than one owner. You must obtain
licenses from all owners before your job is done. In most cases,
CMRRA represents all such
owners and will ensure that all the necessary licenses are granted to you.
However, in rare cases, there may be songs (or portions of song ownerships)
which CMRRA do not
represent. In such case, it's your responsibility to obtain licenses for the
missing shares.
How do I
apply for a Mechanical License?
You must make application for mechanical licenses
for your product before you manufacture or import it.
Visit www.cmrra.ca
and click on the "Mechanical License" link for further information.
