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How do we go about obtaining a Master's License from a record label has been defunct for over 20 years?

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My band wants to put a cover song on our CD. The record label who recorded the original was not a proper label (meaning that it did not record for anyone, it was just made up by the original band, like if my band puts on our CD that we are on Larkspur Label and the label does not exist, it's just a name we came up with to look more professional.) How would we go about getting a Master License in that situation or do we need to get one? Do we only need to get a Mechanical License for the song--lyrics? Just need some direction here. Thanks.

4 Attorney Answers

Best Answer
You would want to be very helpful here. I agree generally with the other comments already made.
That being said, you want to be very careful in relying on the Harry Fox website. I have seen instances in which their database was incorrect, and in one situation they issued a large number of mechanical licenses for a song owned by a publisher client of mine which they had no rights to do. Also, there are songs listed on the Harry Fox website but which are designated there as NOT being handled by Harry Fox.
One easy thing you could do is to also check the ASCAP and BMI databases by song title and see what those databases indicate in regards to ownership of the song. Those websites usually provide contact info for the publisher(s) of the song.
Also you would want to make sure that any mechanical license you obtain has the usual warranties and 'hold harmless' clause in it.
In general, I would recommend that you consider having an attorney or organization experienced with such licensing handle this for you. It could save you some headaches down the line.
Best Answer
If your plan is to record your own version of the song then you need a "mechanical" license from the owner of the musical composition copyright [that is, the folks who own "the publishing rights"]. The place to start is the Harry Fox Agency via the link below.
Some publishers don't use Harry Fox to license their songs and some publishers are out of business. In those situations you need to either track down the publisher or its successor company. In some cases there is no successor company and so you'll need to track down the songwriter. If you strike out, you can always hire a music licensing company to help you [one of which is linked-to below]. Good luck.
Best Answer
Who makes CD's anymore?
My colleague has given you two good sources for your licensing needs.
Within one of them, Harry Fox Agency, I suggest the HFA Slingshot program for you, so they do the clearance and license work you need. http://hfaslingshot.com/packages/licensing-services/ They are set up to track down the licenses and publishers for you much more efficiently than you could ever hope to do yourself.

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