Alianait x Hitmakerz - Episode 3: Why do I need to ask permission to do covers and what do I do if someone wants to use my music?
Featured Artist: Joey Nowyuk
In this episode, we’ll talk about why you need to ask permission to do covers and what to do if someone wants to use your music.
Before we start, remember that this video is made from an artist’s perspective, since I’m not a lawyer. Please always talk to a trusted advisor or entertainment lawyer if you have any specific questions about legal contracts.
Watch the full English video here: https://youtu.be/QLVvOenrr_0
Watch the full Inuktitut video here: https://youtu.be/UbNvQykuPd4
Alright, let’s get started.
Under Canadian law, whenever someone writes a song, they legally own it. This means that if you want to record a song that another artist wrote and put it up on streaming platforms, you’ll need to get the songwriter’s permission and possibly pay them to use their song. This is fair because the songwriter put a lot into writing the original song, and if you make money off it, a part of that should go back to them.
If you use the song without permission, it could be considered “copyright infringement” which is illegal.
Now that we understand why you always need to always ask permission to use other peoples songs, you might be wondering:
How do I get permission?
In order to do this, you’ll need to get a “mechanical” license from the original songwriters. The songwriter might be the artist, but sometimes they’re not, so you might need to do some research. If the songwriter has passed away, you'll need to ask someone in his or her family. These mechanical licenses are only for audio recordings. If you’d like to record a music video for the cover song, you’ll also need to get a “synchronization” license.
The process of getting permission to use songs doesn’t need to be too complicated. You can always just ask the songwriter in an email if you can use their song to record and put on an album. As long as there’s proof or a paper trail, That simple email is technically a contract.
The songwriter might want to get paid to use their song. If that’s the case, you can negotiate a deal with them. The price can be anything you agree to, based on the popularity of the song as well as the budget you have available.
Always make sure to get the agreements in writing. Even if it is just a Facebook message or an email. If ever there is a problem down the road, you want to make sure you have proof of permission to use the song. There are tons of stories about songwriters and artists getting screwed over because they made “handshake” deals, so make sure to protect yourself.
If the song is registered properly, you can usually get the license through CMRRA.
Also, if you’re working with traditional or cultural songs, make sure you have permission from the Elders, families, or communities where the songs come from. Using traditional songs is a sensitive topic because it’s easy to hurt people's feelings, so whatever you end up doing, try to make sure you have a clear agreement with the knowledge keepers of the song — and always make sure to get it in writing!
In the end, using someone else’s song is about being respectful. Imagine how you would feel if someone used your song and didn’t pay you? Or worse, what if you really didn’t want them to use it?
Ok — Let’s flip the scenario now and talk about what to do if someone wants to use your song?
Like we talked about earlier, if someone wanted to use your song, they would legally need to ask you (or CMRRA) for permission first, and you have the right to say either yes or no.
You can ask the person about what their plans for the song are and how you will be compensated for allowing them to use it.
You can also ask for money for a license. The price of a license can be anywhere between $100 and $10,000 or more. It’s a negotiation that completely depends on what you think is fair and the budget of the person who wants to use your song.
You should always ask them to make sure they put your name in the credits and ask that they register the song properly so that you can collect any songwriting royalties.
The next step is to write a licensing agreement. Again, this can be a simple email, or, if you want to make sure it’s done correctly, it can be done by a record label or entertainment lawyer.
Keep in mind that lawyers are very expensive, so it might not be worth it. That being said, there are many local resources you can ask for help, including Alianait, Qaggiavuut, your local Economic development officers, or local record labels, like Hitmakerz.
The agreement you make should include:
Which song are we talking about specifically?
Will there be any changes to the lyrics or arrangement?
Who is going to use it?
What are they using it for?
Where are they going to use it?
How long do they get to use it? (Like 1 year, 2 years, forever?)
Where will the song be released? (In Nunavut only, across Canada, or internationally?)
Lastly, how much money will you get paid? (Again, this will depend on their budget and how much you feel it is worth. The final amount is whatever you agree on.)
Once you have the agreement in place, you’re all good to go. Again, make sure to talk to a record label or entertainment lawyer if you have any questions about your specific situation.
We believe you’re capable of having an amazing music career, and we hope you found this episode helpful! Thank you for watching! If you have any questions or if you’d like additional resources, please go to www.hitmakerz.com/alianait. Qujanamiik!
ᑕᑯᓇᒐᖅ 3: ᓱᒻᒪ ᐊᐱᕆᒋᐊᖃᖁᖓ ᓂᐱᓕᐅᕈᒪᒍᒪ ᐃᖏᐅᓯᓕᐊᕆᓯᒪᖏᑕᓐᓂᑦ ᐊᒻᒪᓗ ᓱᒐᔭᖁᒐ ᐃᖏᐅᓯᓕᐊᕆᓯᒪᔭᕋ ᓂᐱᓕᐅᖅᑕᐅᔪᒪᓐᓂ?
ᐃᓕᑕᕆᔭᐅᔪᖅ ᔫᐃ ᓇᐅᔪᒃ
Hi ᐊᑎᕋ Joey Nowyuk ᐃᖏᖅᑎᐅᔪᖓ ᐃᖏᒐᓕᐅᐸᑐᖓᓗ ᐸᓐᓂᖅᑑᒥᐅᑕᐅᔪᖓ
ᑕᕝᕙᓂ ᐅᖃᐅᓯᖃᓂᐊᖅᑐᒍ ᓱᒻᒪ ᐊᐱᕆᒋᐊᖃᒻᒪᖔ ᓂᐱᓕᐅᕆᔪᒪᓐᓂᕈᕕᑦ ᐃᖏᐅᓯᒥ ᑎᑎᕋᓯᒪᖏᑕᓐᓂᒃ ᐊᒻᒪᓗ ᓱᒍᓐᓇᒪᖔᑉᐱ ᐃᖏᐅᓰᑦ ᐊᑐᖅᑕᐅᔪᒪᑉᐸᑦ.
ᐅᖃᖄᓗᖓ ᐅᓇ ᓴᓇᔭᐅᓯᒪᔪᖅ ᐃᑲᔪᕈᒪᓪᓗᑕ ᑭᓯᐊᓂ ᒪᓕᒐᓂᑦ ᖃᐅᔨᓴᑎᐊᕆᑦ ᐅᖃᖃᑎᖃᓪᓗᑎᓗ ᒪᓕᒐᓂᒃ ᖃᐅᔨᒪᔪᓂ ᐊᐱᖅᑯᑎᓴᖃᕈᕕᑦ.
ᐊᑏ ᐱᒋᐊᓕᖅᑕ
ᑲᓇᑕᒥ ᒪᓕᒐᖓ ᒪᓕᓪᓗᒍ, ᑭᓇᑐᐃᓐᓇ ᐃᖏᐅᓯᒥ ᑎᑎᕋᒐᐃᒐᒥᒃ ᑖᓐᓇ ᑎᑎᕋᑐᖅ ᐱᖃᑦᑐᖅ ᐃᖏᐅᓯᒥ ᐊᒻᒪᓗ ᐊᐅᓚᑦᑎᔪᖅ ᖃᓄᖅ ᑖᓐᓇ ᐃᖏᐅᓯᖅ ᐊᑐᖅᑕᐅᒍᓇᒻᒪᖔ. ᓂᐱᓕᐅᕈᒪᓂᕈᕕ ᐃᓄᒻᒧᑦ ᐊᓯᐊᓄ ᑎᑎᕋᑕᐅᓯᒪᔪᒥᒃ, ᓴᕿᕈᒫᓂᐊᕈᕕᐅ ᐊᖏᖅᑕᓯᒪᒋᐊᖃᑐᑎ ᐊᒻᒪᓗ ᐊᑭᓖ(giaqa)ᑐᐃᓐᓇᕆᐊᖃᑐᑎ. ᑕᐃᒫ ᐊᑲᐅᔪ ᐃᖏᐅᓯᓕᐅᑐᓂ ᐱᔭᕆᐊᑭᖏᒻᒪ ᑮᓇᐅᔭᓕᐅᓂᐊᕈᕕᑦ, ᐃᓚᖓ ᑮᓇᐅᔭ ᑕᐃᓱᒧᖔᕆᐊᖃᖅᑐ.
ᐊᑐᕈᕕᑦ ᐃᖏᐅᓯᒥ ᐊᖏᖅᑕᐅᓯᒪᖏᓗᑎ ᐊᑲᐅᖏᓕᐅᕈᑎᐅᒍᓇᖅᑐ ᒪᓕᒐᓂᓪᓗ ᓱᕋᐃᒍᓇᖅᑐᑎ
ᑕᐃᒪ ᖃᐅᔨᒪᓕᕋᑦᑕ ᓱᒻᒪ ᐊᐱᕆᒋᐊᖃᒪᖔ ᑕᐃᒪᑭᐊ ᐊᐱᕆᒐᔭᖅᑭ ᑭᓇᒧ?
ᐊᖏᕈᑎᒥᒃ ᑕᐃᔭᐅᓲᑦ "mechanical license" ᐱᒍᒪᒐᔭᖅᑐᑎᑦ ᐊᐱᕆᓗᒋᑦ ᑎᑎᕋᑏᑦ ᐃᖏᐅᓯᕐᒥ. ᑎᑎᕋᖅᑎ ᐃᖏᖅᑎᐅᒍᓇᖁ ᐃᓛᓂᒃᑯ ᑭᓯᐊᓂ ᐃᖏᑎᐅᕙᖏᒻᒥᔪᑦ. ᑎᑎᕋᑐᒥᓂᖅ ᐃᓄᒍᓃᓯᒪᑉᐸ ᐊᐱᕆᒋᐊᖃtuᑎ ᐃᓚᖏᓐᓄᑦ. ᐊᖏᕈᑏᑦ ᑖᑯᐊ ᓂᐱᓕᐅᕈᒪᓗᓂ ᐊᑐᕋᔭᖁ.
ᑕᕆᔮᓴᓕᐅᕈᒪᒍᕕᑦ "music video" ᐊᔾᔨᒋᖏᑕᖓᓂ ᐊᖏᕈᑎᒥᒃ ᐱᒋᐊᖃᒥᔪᑎ.
ᐊᖏᕈᑎᒥᒃ ᐱᒐᓱᓪᓗᓂ ᓇᓗᓇᕈᓐᓇᑐᖅ ᑭᓯᐊᓂ ᑕᐃᒫᖑᒋᐊᑐᖏᑦᑐᖅ. ᐊᐱᕆᑐᐃᓐᓇᕈᓇᒥᔪᑎ ᑎᑎᕋᓯᒪᔪᖅ ᐃᖏᐅᓯᒥᒃ ᑎᑎᕋᕕᒋᓗᒍ ᖃᕋᓴᐅᔭᒃᑯ ᐅᕙᓗ ᐅᖄᓚᐅᑎᒃᑯ ᐊᐱᕆᓗᒍ ᐃᖏᐅᓯᖓ ᓂᐱᓕᐅᕈᒪᓗᒍ. ᐊᖏᖅᓯᒪᔪᒥᒃ ᓴᖅᑭᔮᑐᖃᑐᐊᖃ ᑖᓐᓇ ᐊᑐᕈᓐᓇᑐᖅ ᐊᖏᕈᑎᒧ.
ᑖᓐᓇ ᑎᑎᕋᓯᒪᔪᖅ ᐊᑭᓕᖅᑕᐅᒍᒪᑐᐃᓐᓇᕆᐊᖃᑦᑐ. ᑕᐃᒫᖑᓂᖅᑲ ᓂᓪᓕᐊᖃᑎᒋᓗᒍ ᐊᖏᖃᒋᒌᓗᓯ ᐊᖅᑮᒍᓇᖅᒍᓯ. ᐊᑭᖓ ᐊᖏᖃᑎᒌᓗᓯᐅᒃ ᐃᓱᒪᒋᓗᒍ ᑖᓐᓇ ᐃᖏᐅᓯᖅ ᖃᐅᔨᒪᔭᐅᓂᖓ ᐊᒻᒪᓗ ᑮᓇᐅᔭ ᐊᒥᓲᓂᖓ ᐊᑐᕈᓇᖅᑕᐃᑦ ᐃᓱᒪᒋᓗᒍ.
ᐊᖏᔅᓯᒪᔪᒥ ᑎᑎᕋᓯᒪᔪᒥᒃ ᐱᓯᒪᑦᑎᒍᕕ ᐊᑲᐅᓂᐊᑐᖅ ᐊᓪᓛ ᑎᑎᖃᑐᐃᓐᓇᐅᒐᓗᐊᖅᑲ ᖃᕋᓴᐅᔭᒃᑯ ᐅᕝᕙᓗ facebook-ᑯᑦ.
ᐊᑲᐅᖏᓕᐅᕈᑎᒥᒃ ᓴᖅᑭᑐᖃᓐᓂᖃ ᐱᓯᒪᑦᑎᒍᒪᒐᔭᖅᑐᑎ ᑎᑎᖃᒥᒃ ᐊᖏᖅᓯᒪᔪᒥ. ᐊᒥᓱᑦ ᑐᓴᖃᑦᑕᓯᒪᔭᕗᑦ ᑕᐃᒫ ᐊᑲᐅᖏᓕᐅᕈᑎᑖᐸᑦᑐᑦ ᑕᐃᒫᖃᐅᔨᓴᑎᐊᖁᔨᕗᒍ.
ᐃᖏᐅᓯ ᐊᖅᑭᑕᐅᓯᒪᑉᐸ ᐊᖏᕈᑎᑖᕕᓴᐅᓲᖅ CMRRA-ᑯᑦ
ᐊᒻᒪᓗ ᐃᖏᐅᓯᑐᖃᓂ ᐊᑐᕈᒪᓂᐊᕈᕕᑦ ᐊᐱᕆᓯᒪᓗᑎᑦ ᐃᓐᓇᒻᒪᕆᓐᓂ ᐅᕙᓗ ᓄᓇᓕᒻᒥᒃ ᐃᓄᓐᓂ ᑖᓐᓇ ᐃᖏᐅᓯᖅ ᓇᑭᖔᕕᖓᓂ. ᐃᖏᐅᓯᑐᖃᐃᑦ ᐊᑐᐃᓂᖃᕈᓇᑐᐃᑦ ᖃᓄᑐᐃᓐᓇᖅ ᑕᐃᒫ ᐃᓱᒪᒋᓗᒍ ᐊᖏᖅᑕᐅᓯᒪᑎᐊᒪᖔᑉᐱᑦ ᖃᐅᔨᓴᑎᐊᖃᑦᑕᕆᑦ.
ᐃᖏᐅᓯᒻᒥᒃ ᐊᑐᓪᓗᓂ ᐊᖏᖃᑎᒌᓯᒪᑎᐊᓗᓂ ᐊᑲᐅᓂᓴᐅᓂᐊᑐᖅ. ᐃᓱᒪᓯᓐᓈᓗᑎᑦ ᖃᓄᖅ ᐃᑉᐱᓂᐊᒐᔭᖅᑭ ᐃᖏᐅᓰᑦ ᐊᑐᖅᑕᐅᓂᖅᑲ ᑮᓇᐅᔭᓕᐅᓂᐊᖕᒋᒃᑯᕕ, ᐅᕙᓘᓃ ᐊᖏᓯᒪᖏᓪᓗᑎ ᐊᑐᖅᑕᐅᓂᖃ
ᑕᐃᒪᓕᑭᐊ ᐅᖃᐅᓯᕆᓕᒥᓚᕗᑦ ᐃᖏᐅᓰᑦ ᐊᑐᖅᑕᐅᖔᕈᒪᓐᓂᖃ?
ᑕᐃᒫᑕᐅᖅ ᑭᓇᑐᐃᓐᓇᖅ ᐃᕝᕕ ᐃᖏᐅᓯᖓᓂ ᐊᑐᕈᒪᔪᖅ ᐃᓕᓐᓂᒃ ᐊᐱᕆᒋᐊᖃᒥᔪ (ᐅᕙᓗ CMRRA-ᑯᑦ) ᐊᖏᑕᐅᓯᒪᒋᐊᖃᑎᓪᓗᓂ ᐃᖏᐅᓯᕆᒐᕕᐅᒃ ᐊᖏᕈᓐᓇᑐᑎ ᐋᒑᕈᓐᓇᕆᓪᓗᑎᓗ.
ᐊᐱᕆᒍᓇᖅᑐᑎ ᖃᓄ ᐊᑐᑕᐅᒐᔭᒪᖔᖅ ᐃᖏᓰᑦ ᐊᒻᒪᓗ ᖃᓄᖅ ᑮᓇᐅᔭᓕᐅᕈᑎᒋᒐᔭᕿᐅ
ᐱᒍᒪᒍᓐᓇᒥᔪᑎ ᑮᓇᐅᔭᓂᒃ ᐊᖏᕈᑎᐅᔪᓂ. ᐊᖏᕈᑏᑦ ᐊᑭᖃᓲᑦ ᖃᑦᑎᑐᐃᓐᓇᓂ $100-$10,000 ᐅᖓᑖᓄᓪᓘᓃ. ᑕᒪᓐᓇ ᓂᓪᓕᐊᒍᑎᒋᖄᕋᔭᑕᐃ ᐃᕝᕕᑦ ᐊᑲᐅᒋᔭᖓᓂ ᐊᑐᓪᓗᑎᑦ.
ᐊᐱᕆᖃᑦᑕᓗᑎᓗ ᓇᓗᓇᐃᓯᑎᐊᖁᓗᒋᑦ ᐊᑐᖅᑕᐅᔪᖅ ᐃᖏᐅᓯ ᑎᑎᕋᓯᒪᒐᕕᐅᒃ ᐊᒻᒪᓗ ᓇᐅᒃᑯᑐᐃᓐᓇ ᐊᕿᑎᐊᖁᓗᒍ ᑎᑎᕋᑎᓄᑦ ᑮᓇᐅᔭᐃᑦ ᓄᐊᑕᐅᓲᑦ ᐱᑦᑎᐊᕋᔭᕋᕕᒋᑦ.
ᑕᐃᒪ ᑎᑎᕋᕆᐊᖃᕋᔭᒥᔪᑎᑦ ᐊᖏᓯᒪᓂᕋᓗᑎ. ᑕᐃᒫᑕᐅ ᖃᕋᓴᐅᔭᒃᑯ ᐅᖄᓚᐅᑎᑯᓘᓃᑦ ᑎᑎᕋᕕᒋᒍᓇᒥᔭᑎ ᐅᕝᕙᓗ ᐋᕿᑎᐊᑲᓐᓂᖁᒍᕕᐅ ᓂᓪᓕᐊᖃᑎᖃᕈᓐᓇᑐᑎ ᑕᒪᒃᑯᐊ ᒪᓕᒐᖏᑕ ᒥᓵᓄ ᖃᐅᔨᒪᔪᒥᒃ.
ᑖᒃᑯᐊ ᒪᓕᒐᓂ ᖃᐅᔨᒪᔪᑦ ᐊᑭᑭᖏᒻᒪᑕ ᐃᖃᐅᒪᓗᑎ. ᐊᓯᖏᓐᓂ ᐊᐱᕆᒍᓐᓇᒥᔪᑎ ᐃᑲᔪᑕᐅᒍᒪᓗᑎᑦ, ᐃᓚᖏ ᐅᕝᕙᐅᕗᑦ, ᐊᓕᐊᓇᐃᑦ (Alianait), ᖃᒡᒋᐊᕘᑦ (Qaggiavuut), ᐊᓪᓚᑏᑦ ᒐᕙᒪᑯᓐᓂ (EDO) ᐊᒻᒪᓗ ᓂᐱᓕᐅᕕᐅᓲᓂᑦ ᓲᕐᓗ Hitmakerz.
ᐊᖏᕈᑎᓕᑕᐃᑦ ᐅᑯᓂᖓ ᐱᑕᖃᕆᐊᓕᒃ..
ᖃᓄᐃᑦᑐ ᐃᖏᐅᓯ ᐅᖃᐅᓯᕆᕕᐅ..
ᐊᓰᔨᕋᔭᖃ ᐃᖏᐅᓯᐅ ᐅᖃᐅᓯᖏᑦ ᐅᕝᕙᓗ ᐋᕿᓯᒪᓂᖓ..
ᑭᐊ ᐊᑐᕋᔭᖃᒍ..
ᑭᓱᒧ ᐊᑐᖅᑕᐅᒐᔭᖃ
ᓇᒥ ᐊᑐᖅᑕᐅᒐᔭᖃ..
ᖃᓄᑎᒋ ᐊᑯᓂ ᐊᑐᖅᑕᐅᒐᔭᖃ (ᐊᕐᕌᒍᑦ ᐊᑕᐅᓯ ᐅᕝᕙᓗ ᒪᕐᕉ ᐅᕝᕙᓘᓃ ᐊᑐᖅᑕᐅᖏᓇᕈᓇᖃ)
ᓇᐅᒃᑯ ᓴᕿᑕᐅᓛᖃ (ᓄᓇᕗᒻᒥ ᑲᓇᑕᒥ ᐅᕝᕙᓗ ᓇᒥᓕᒫᖅ)
ᖃᑦᑎᒥ ᐅᕝᕙᓗ ᖃᓄᖅ ᐊᑭᓕᑕᐅᒐᔭᕿ (ᑖᓐᓇ ᐊᖏᕈᑎᒋᓯᒪᓗᒍ)
ᑖᒃᑯᐊ ᑐᑭᓯᓯᒪᓕᕈᕕᒋᑦ ᐊᖏᕈᑎᒥᒃ ᑐᓂᓯᒍᓇᓯᕗᑎ. ᓂᓪᓕᖃᑎᖃᖄᓗᑎ ᖃᐅᔨᒪᔪᒥᒃ ᖃᓄᑐᐃᓐᓇ ᑐᑭᓯᖏᒃᑯᕕ ᐊᐱᖁᑎᔅᓴᖃᕈᕕᓪᓘᓃ.
ᐃᓕᓐᓂ ᐅᑉᐱᕈᓱᑉᐳᒍᑦ ᐃᖏᖅᑎᐅᓗᑎ ᐃᓅᓯᕆᒍᓐᓇᕋᕕᐅᒃ, ᐅᓇ ᑕᑯᓐᓇᕋᑖᖅᑕᓯ ᑐᑭᓯᓇᖅᑐᓴᐅᕗᖅ. ᖁᔭᓐᓇᒦ ᑕᑯᓐᓇᕋᑖᕋᔅᓯ! ᐊᐱᖁᑎᖃᕈᕕᑦ ᐅᕝᕙᓗ ᖃᐅᔨᒃᑲᓐᓂᕈᒪᒍᕕᑦ, ᖃᕋᓴᐅᔭᒃᑯᑦ www.hitmakerz.com/alianait. ᖁᔭᓐᓇᒦᒃ