Mechanical license
Encyclopedia
A mechanical license is a license that grants certain limited permissions to work with, study, improve upon, reinterpret, re-record (etc.) something that is neither a free
/open source
item nor in the public domain
.
Within the music industry, a mechanical license gives the holder permission to create copies of a recorded song
which they did not write and/or do not have copyright
over. It is an agreement with the composition copyright holder, the publisher, or the songwriter
that allows the holder to reproduce the composition – recording, printed sheet music, lyrics, for example. This license specifically refers to the musical composition as an entity, not any particular physical sound recording(s) of the composition. For example, you would need a mechanical license to publish sheet music for "California Girls," composed by Brian Wilson and Mike Love, from their publisher. You would also need it if you wanted to press CDs of your band singing "California Girls." However, if you wanted to press CDs of the 1965 Beach Boys recording of "California Girls," you would need both a mechanical license and a master recording license from the Beach Boys (or their record label).
Copyright law also allows for a "compulsory mechanical license
". Under the law, anybody can obtain compulsory mechanical license without express permission from the copyright holder.
In the United States of America, most mechanical licenses are obtained through the Harry Fox Agency
. Other commercial agencies such as RightsFlow
(via the Limelight online mechanical license form utility) and easySongLicensing.com also issue compulsory mechanical licenses. Harry Fox Agency and the other commercial agencies collect and distribute the royalties, plus they collect a per-song service fee of roughly $15.
A mechanical license can only be used after the original copyright holder has exercised their exclusive right of first publishing, or permission is negotiated.
In American law, US Code Title 17, Chapter 1, Section 115(a)(2) states: "A compulsory
license includes the privilege of making a musical arrangement of
the work to the extent necessary to conform it to the style or manner
of interpretation of the performance involved, but the arrangement
shall not change the basic melody or fundamental character of the
work ..." thus preventing mechanical licenses being used to make substantially derivative works of a piece of music.
This license is often used for the purpose of self-promotion. For instance a cellist who performed a musical work on a recording may obtain a mechanical license in order to distribute copies of the recording to others as an example of his cello playing. This is also used by recording artists performing cover versions of songs and artists who do not typically write their own songs, as is typical in Country
and Pop
music. In the United States
, this is required by copyright law regardless whether or not the copies are for commercial sale.
A mechanical license is not generally required for an artist who is recording and distributing their own work.
In October, 2006 the Register of Copyright
ruled that ring tone
s are subject to compulsory licensing.
Free content
Free content, or free information, is any kind of functional work, artwork, or other creative content that meets the definition of a free cultural work...
/open source
Open source
The term open source describes practices in production and development that promote access to the end product's source materials. Some consider open source a philosophy, others consider it a pragmatic methodology...
item nor in the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
.
Within the music industry, a mechanical license gives the holder permission to create copies of a recorded song
Sound recording and reproduction
Sound recording and reproduction is an electrical or mechanical inscription and re-creation of sound waves, such as spoken voice, singing, instrumental music, or sound effects. The two main classes of sound recording technology are analog recording and digital recording...
which they did not write and/or do not have copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
over. It is an agreement with the composition copyright holder, the publisher, or the songwriter
Songwriter
A songwriter is an individual who writes both the lyrics and music to a song. Someone who solely writes lyrics may be called a lyricist, and someone who only writes music may be called a composer...
that allows the holder to reproduce the composition – recording, printed sheet music, lyrics, for example. This license specifically refers to the musical composition as an entity, not any particular physical sound recording(s) of the composition. For example, you would need a mechanical license to publish sheet music for "California Girls," composed by Brian Wilson and Mike Love, from their publisher. You would also need it if you wanted to press CDs of your band singing "California Girls." However, if you wanted to press CDs of the 1965 Beach Boys recording of "California Girls," you would need both a mechanical license and a master recording license from the Beach Boys (or their record label).
Copyright law also allows for a "compulsory mechanical license
Compulsory license
A compulsory license, also known as statutory license or mandatory collective management, provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of arbitration.- Copyright law :In a number of countries...
". Under the law, anybody can obtain compulsory mechanical license without express permission from the copyright holder.
In the United States of America, most mechanical licenses are obtained through the Harry Fox Agency
Harry Fox Agency
The Harry Fox Agency is the United States of America's largest agency collecting and distributing mechanical license fees on behalf of music publishers.-External links:*...
. Other commercial agencies such as RightsFlow
RightsFlow
RightsFlow is an American company that provides organizations, bands, songwriters and individuals with music licensing services and royalty payment solutions. It was founded in 2007....
(via the Limelight online mechanical license form utility) and easySongLicensing.com also issue compulsory mechanical licenses. Harry Fox Agency and the other commercial agencies collect and distribute the royalties, plus they collect a per-song service fee of roughly $15.
A mechanical license can only be used after the original copyright holder has exercised their exclusive right of first publishing, or permission is negotiated.
In American law, US Code Title 17, Chapter 1, Section 115(a)(2) states: "A compulsory
license includes the privilege of making a musical arrangement of
the work to the extent necessary to conform it to the style or manner
of interpretation of the performance involved, but the arrangement
shall not change the basic melody or fundamental character of the
work ..." thus preventing mechanical licenses being used to make substantially derivative works of a piece of music.
This license is often used for the purpose of self-promotion. For instance a cellist who performed a musical work on a recording may obtain a mechanical license in order to distribute copies of the recording to others as an example of his cello playing. This is also used by recording artists performing cover versions of songs and artists who do not typically write their own songs, as is typical in Country
Country music
Country music is a popular American musical style that began in the rural Southern United States in the 1920s. It takes its roots from Western cowboy and folk music...
and Pop
Popular music
Popular music belongs to any of a number of musical genres "having wide appeal" and is typically distributed to large audiences through the music industry. It stands in contrast to both art music and traditional music, which are typically disseminated academically or orally to smaller, local...
music. In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, this is required by copyright law regardless whether or not the copies are for commercial sale.
A mechanical license is not generally required for an artist who is recording and distributing their own work.
In October, 2006 the Register of Copyright
United States Copyright Office
The United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
ruled that ring tone
Ring tone
A ringtone or ring tone is the sound made by a telephone to indicate an incoming call or text message. Not literally a tone, the term is most often used today to refer to customizable sounds used on mobile phones.-Background:...
s are subject to compulsory licensing.