Mechanical License Agreement

Mechanical licenses allow use of copyrighted music by other artists.

While the term "mechanical license" appears to relate to machinery and industry, the legal term involves using artistic works and creating new works. Copyright laws protect the creator from infringement from others and mechanical licenses allow a second party to use a copyrighted work to create a new or improved work. Music groups, for instance, require a mechanical license to legally perform a song written by others.

Copyrighted Property

Article I, Section 8 of the United States Constitution gives the U.S. Congress the right to "promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." America's copyright laws regularly undergo significant revisions to provide statutory protections for the inventor or the creator of new works, including software, film recordings, digital files, sound recordings, architectural works and visual art. The length of copyright protection depends on the year of the copyright and the type of work, but all works hold basic copyrights protecting the maker against infringement by others.

Mechanical License

Music performances incorporating songs written by others, called "covering," require specific legal permission from the song's composer. Using a recorded song also requires a license from the record company or legal party representing the artist or group. Laurie Jakobsen, Vice President of Licensing at the Harry Fox Agency, a company handling mechanical licenses, notes all recordings of songs authored by others require a mechanical license. Enforcement of licenses occurs during duplication of the recorded song, and legitimate duplication services require a copy of the license before making copies of the recording.

Original Work Modification

Use of the original work requires a mechanical license, even when the use includes a small part of the original work as the basis for a new work. Music performance artists using a sample of another song must enter into an agreement to use the original copyrighted work for live performances or new recordings incorporating the earlier work. The mechanical license law describes this use as a modification of the original work.

Fees and Payments

Any use of the original copyrighted work requires signing a mechanical license agreement and also payment of a fee. The maker and user agree to the amount of the fee, number of times the signer uses the work, any limitations on use and any other restrictions required by the maker. The maker has the right to determine the conditions and any fee associated with the terms, and an agent or publisher typically handles the contract agreement. Use of the work, even with a signed mechanical license agreement, still mandates the user paying performance fees. Use of recorded music in a dance club or bowling alley, for instance, requires the club or alley owner pay a royalty to the copyright holder under the American Society of Composers, Authors and Publishers or through the music publisher representing the songwriter.

References

• The National Association of Music Education: Mechanical Licensing and You - What You Need to Know; Maurice Russell
• Pat Meth Music Corp.: Mechanical License Agreement United States (PDF)
• Michael Burton Music: Mechanical License Agreement
• Red Tie Music: Mechanical/DPD License Agreement (PDF)
• Bowling Proprietors' Association of America Operations Toolbox: Music Licensing - History (PDF)
• Copyright Law of the United States and Related Laws Contained in the Title 17 of the United States; October, 2009 (PDF)

Resources

• United States Copyright Office: Copyright Basics (PDF)
• ASCAP; How You Can Clear Music; January 2011
• GPB News; EMI Publishing Dumps ASCAP; June 2011