If you simply want a single archive recording for study or review, go ahead. However, if you intend to duplicate that recording with the intent of selling a CD as a fundraiser or even of giving the CD away to choir members as a memento, you will need to apply for a Mechanical License. Many of the large publishing firms use the Harry Fox Agency as their agent for issuing Mechanical Licenses. However, HFA has a 500 unit minimum and often schools don't need or want that many CDs. Then you need to apply directly to the publisher to see if they will handle the mechanical license.
BriLee Music does not use the HFA, so all applications for Mechanical Licenses should be made directly to BriLee Music, either via e-mail at info@brileemusic.com or via fax at 212-477-6996. Since it is a legal transaction, everything should be done in writing. I need the following information:
- Your name
- School, church or organization name
- Address
- Phone number/fax number
- Name and composer of work(s) to be recorded
- Name of recording (if no name is available, I'll use the name of the school, church or organization.
- Number of units (CDs, cassettes) to be manufactured.
Once I have this information, your Mechanical License can generally be faxed or mailed to you within 24-48 hours.
The law (government) has established a statutory maximum fee for the Mechanical License. As of January 1, 2006, that fee is $.091 per song per unit manufactured. Example: If you want to record 2 BriLee works and make 200 CDs, the maximum mechanical fee for those 2 works is 2 x .091 x 200 = $36.40. If you intend to put 12 works on your CD, your maximum mechanical fee is 12 x .091 x 200 = $218.40, or $1.09 per CD manufactured. This amount should be built into your selling price.
Your Rights: As soon as I record the work (or have it recorded), you have the right to record the work as well. You cannot be refused a Mechanical License at this point.
Synchronization Rights
When there is video included with your recording of the music (DVD or VHS), then you should apply for a Synchronization License. There is no set statutory fee for this license, so publishers may choose to charge whatever they wish. You should figure $.10 to .20 per song per recording in this case.
If you ever have a doubt or concern about Copyright/Mechanical/Synchronization, the best thing to do is ask the publisher or copyright holder.