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A derivative cover of Hallelujah
Posted: Fri Dec 19, 2008 8:06 am
by skitchen
I have been searching the internet this week trying to find a licensing answer to a cover of Hallelujah. I have been able to find basic cover rights for the song BUT I have created a version that has verses that I have written and I would like to find out if it is possible for me to distribute my version. I love the song and I know its basically blasphemous to re-write LC's but I wanted to write something I could sing in church. I did the re-write and now it seems people are interested in the version I've written. Anyway to make a long story short. It seems I could find the rights if I was just doing a cover version but by re-writing the versus I think this legally falls under a derivative cover which makes doing a cover a different animal. By chance, does anybody here have any idea how I would go about looking into this further and who I would contact? At this point I'm guessing Sony?
Re: A derivative cover of Hallelujah
Posted: Fri Dec 19, 2008 8:46 am
by jarkko
You should start with Sony. I'd presume that they are not compliant to this kind of requests, but of course this is just my own opinion.
You will probably need permission also from Leonard.
Re: A derivative cover of Hallelujah
Posted: Fri Dec 19, 2008 1:14 pm
by Mabeanie1
jarkko wrote:
You will probably need permission also from Leonard.
I am curious Jarkko: do you suggest this as a courtesy (which I would 100% support) or is this confirmation that Leonard retains the rights to the song and will benefit from the current UK chart battle in line with UK press comment?
Wendy
Re: A derivative cover of Hallelujah
Posted: Sat Dec 20, 2008 9:10 pm
by Le Capitole
I registered to this site because I am so glad Leonard is getting big bucks from this song.
I heard he had financial problems due to a bad agent. It is so fitting that Leonard get rewarded for what he has done artistically.

Re: A derivative cover of Hallelujah
Posted: Sun Dec 21, 2008 12:51 am
by jarkko
Mabeanie1, I believe the royalties of Hallelujah, performed by others than Leonard, go to the owner of the rights, and unfortunately it's not Leonard.
I think -- I'm not a lawyer so this is just speculation - one would need ALSO Leonard's permission if the lyrics are changed, re-written, or new stanzas added.
I don't know if this is tue or not:
http://news.stv.tv/entertainment/66344- ... allelujah/
X Factor supremo Simon Cowell will have three reasons to say "Hallelujah" this Christmas.
According to a report in the Daily Mail, the music mogul is not just earning the hefty profits from Alexandra Burke's version of the Leonard Cohen song, his music company owns the rights to Cohen's original recording and the version by Jeff Buckley.
All three versions of the song are expected to top the Christmas charts and some have predicted that the song will clinch the top three places.
Simon Cowell's company SyCo Music is reportedly earning £250,000 per day in royalties from the three recordings.
Re: A derivative cover of Hallelujah
Posted: Sun Dec 21, 2008 8:33 am
by skitchen
Well. I've contacted Sony. I'll see what happens. I don't know if I would have to get permission from LC or not. The only reason I say that is I would think this would kind of fall into the kind of licensing that Weird Al would seek. Obviously he re-writes all lyrics too. I know a while back Weird Al was trying to parody Coolio's song Gangsters Paradise and I'm pretty sure Coolio couldn't block him. Al ended up doing the parody without Coolio's blessing I believe and obtained the rights through the publisher and basically just pays royalties....Now I'm pretty sure that is the first post in the world that ever mentions Leonard Cohen, Weird Al Yankovic and Coolio in the same post

Re: A derivative cover of Hallelujah
Posted: Tue Dec 23, 2008 3:57 pm
by gingermop
jarkko wrote:Mabeanie1, I believe the royalties of Hallelujah, performed by others than Leonard, go to the owner of the rights, and unfortunately it's not Leonard. I think -- I'm not a lawyer so this is just speculation - one would need ALSO Leonard's permission if the lyrics are changed, re-written, or new stanzas added.
There are two kinds of rights – mechanical and performance. Mechanical rights refer to sales of actual physical items like CDs or paid-for downloads. Performance rights relate to the money earned from the license money paid to perform it. This is calculated on the length of the song multiplied by frequency of broadcast and so on, and that’s probably why the X Factor Version is shorter than normal (mind you, songs are kept short these days to make radio airplay more frequent).
Sony own 100% of the mechanical rights to “Hallelujah”. They also own a percentage of the performance rights, but so does Leonard (as an individual, and as the author/composer) and his own publishing company (Bad Monk). It used to be the rule that the songwriter can only sell 50% of the performance rights but I guess bespoke contracts can get around this.
Sony will get more money out of this whole phenomenon than Leonard will, but he does indeed get some royalties. £1 million is a bit optimistic though.
Finally, Jarkko is correct in saying that derivative versions that change the inherent meaning of the song will require Leonard's permission.
Gina
Re: A derivative cover of Hallelujah
Posted: Tue Dec 23, 2008 9:12 pm
by John Etherington
Gina said: "Finally, Jarkko is correct in saying that derivative versions that change the inherent meaning of the song will require Leonard's permission".
In which case, I expect Leonard to file a lawsuit against Kermit the frog.
John E x
Re: A derivative cover of Hallelujah
Posted: Tue Dec 23, 2008 9:16 pm
by UrPal
Thanks for the explanation, Gina. Very clear. It sounds like Sony will take the vast majority of the money and LC will have a very small slice of the leftovers.
gingermop wrote:Finally, Jarkko is correct in saying that derivative versions that change the inherent meaning of the song will require Leonard's permission.
Gina
Which begs the question as to whether
Pete's and
those other "humorous" versions of the song posted on here recently were permitted

To what extent do the alternative lyrics have to be set to music akin to the original tune and performed before it becomes an issue?
Anyway, skitchen, it would be interesting to see your alternative lyric.