Legality of recording/releasing House of the Rising Sun?

Hey all,
My band is planning to record our cover of House of the Rising Sun for our upcoming CD, and I'm wondering if there are any issues in the legality of releasing it. It is based on the Animals version, (arpeggios, etc.) Do we have to give arrangement credit to the Animals, or are we fine to just release it as traditional? The arrangement isn't exactly as the Animals played it, there are extended guitar solos, breaks, etc. Any input is appreciated.
Thanks!

House of the Rising Sun is a traditional tune, and to my knowledge, you can't copyright arpeggios!

Dylan stole Dave Van Ronk's version and he never went to jail.
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From what I tried to find out years ago the origins and writers of the original song are unknown, therefore I think it falls under "public domain". I could be wrong, not an attorney.

The Animals recording of this song was far from the first. As far as I can determine the author is the great "Anon." Earliest version I found in a quick search was 1934.

There are legalities involved - I believe the song becomes free to use (public domain) after certain time period in years, maybe 25 or more.

Otherwise, you need to get permission to use the tune from the music publisher, BMI or ASCAP and there is a license fee initial charge of $50 or whatever per song as well as contracts to be signed.

It isn't about duplicating arpeggios - it's about trying to make a buck using an artistic work (the song) free of charge without written permission. You are only allowed 7 notes the same and after that it's copyright infringement from what I remember.

If it's an anonymous writer you are probably clear but should verify your legal position as someone may have registered it to a publisher at some point.

PD = 75 years after the death of the author.

HOTRS is PD (words and melody). Be careful regarding arrangements though.

ahh, but Bart, this is one song that truly is "public domain"... it was an old song when it was recorded in the 1930s, and no one knows who originally wrote it... no issues about copyright with this one...

The ARRANGEMENT, on the other hand, MAY pose a problem... I'd try to steer clear of doing the Animals note for note, that MIGHT get a response from some bird-dog lawyers, especially if there's any money to be made.

For the record, I did cover "House" on an album a couple years ago, but gave it a latin beat and feel, and made it more minor key-ya ain't gonna mistake it for the Animals-think more like Woody Guthrie meets acoustic Santana...

Franc Robert

now when it comes to arrangement, is it the progression and the way it is played that could require action? Or the actual form of the song (verse-chorus-verse etc.)? Would giving the artist arrangement credit solve this?

ACTUALLY- here's a video of the song, starts at 17:15. Think we could get away with this?
http://www.youtube.com/watch?feature=player_embedded&v=9l866rLOQyo

Actually the song "House of the Rising Sun" was written in the time of Egypt's being a world power, some 4000 years ago, at the very first house of ill repute.

They don't even know who wrote the song, but it has been around since dirt. It's like worrying about recording "happy birthday". At this point the song is fair game to whomever wants to record it.

It's like worrying about recording "happy birthday". At this point the song is fair game to whomever wants to record it.

Actually "Happy Birthday" is not PD. The melody is from a song called Good Morning To All and is owned by Warner-Chappell.

I saw the video A32. Good band. I would say that there are only a few ways to cook an egg. This song does not lend itself to too many presentations. Record it, I wouldn't worry about it.
I don't think that you are going to have trouble with production or copy right issues.

Actually "Happy Birthday" is not PD. The melody is from a song called Good Morning To All and is owned by Warner-Chappell.

Yeah, I hate when you go to a restaurant on your birthday and all you get is the "It's Your Birthday" song...second rate haha. In all seriousness though, thanks for all the input guys. Based on what I'm reading here, I think we should be alright in theory. And Gary- much appreciated, glad you dug the sound!

Actually "Happy Birthday" is not PD. The melody is from a song called Good Morning To All and is owned by Warner-Chappell.

Well now, that is interesting news. I have heard the song since I was a squirt done at a thousand different affairs and a thousand different styles.
Who would've known????
Ah well.

I still don't think that they would have a fit if you recorded it. But, who knows?

The song makes Warner-Chappell 2 million bucks a year.:lol:

The song makes Warner-Chappell 2 million bucks a year.:lol:

cool, any way I can get royalty rights?

I saw the video A32. Good band. I would say that there are only a few ways to cook an egg. This song does not lend itself to too many presentations. Record it, I wouldn't worry about it.
I don't think that you are going to have trouble with production or copy right issues.

Good to see you around these parts, Gary!

I agree ... opportunistic lawyers won't target you unless, of course, you have a freak mega-hit that makes millions. What they could squeeze out of you at this point wouldn't pay for their lunch! :mrgreen:

I am one of those people that stays in the movie theater and watches the credits roll. This annoys the hell out of my wife. Anyway, yep, "Happy Birthday" is always included in the musical section of the credits along with "real" songs even if the actors were just singing it as part of the scene...which is almost always the only reason it's in the movie.

The easiest way, and other than stealing, to get rights to a song is Limewire (https://www.songclearance.com/).

We're covering Springsteen's "State Trooper" (http://soundcloud.com/e-christina-herr/state-trooper-041612) and its surprisingly affordable.

The easiest way, and other than stealing, to get rights to a song is Limewire (https://www.songclearance.com/).

We're covering Springsteen's "State Trooper" (http://soundcloud.com/e-christina-herr/state-trooper-041612) and its surprisingly affordable.

Better yet is Harry Fox. No fee, just a straight mechanical license www.songfile.com (http://www.songfile.com). Limelight uses HFA, and charges a 15 dollar fee.

I use HFA for covers. Carmelita, for 500 DDL's, was 40 bucks. If it exceeds 500, you can expand the license without being dinged for going over the terms of the license.

I think you're OK with recording it like on the video... definitely a different version, kinda reminds me of my punk days... :lol:

Franc Robert

Actually "Happy Birthday" is not PD. The melody is from a song called Good Morning To All and is owned by Warner-Chappell.

I read that "Happy Birthday" is one of the most lucrative copyrights in history---it has made a zillion dollars for the owner.

I read that "Happy Birthday" is one of the most lucrative copyrights in history---it has made a zillion dollars for the owner.

A zillion dollars? I've told you a million times not to exaggerate.

Yeah, go with Harry Fox if it's not a PD song.

I have a deal with a friend to distribute his music. One of his CD's has cover songs. It was like pulling teeth to get him to buy the mechanical licenses. $.09 per song per CD in the quantities he made. So it cost him something like 20 bucks for 100 CDs worth of peace of mind. The headache for me was that I had to track down just who the songs' writers were. One was easy -- they were on the net, and more than happy to give me the information that let them get paid. Couldn't find the other. Since I was distributing via CDBaby, I found another cover of the same song, and got them to add the info for me.

It's always worth it to pay your licenses. How can you ethically expect people to pay you when they should if you don't do the same?

A zillion dollars? I've told you a million times not to exaggerate.

Hahahahaha!:lol:

It's always worth it to pay your licenses. How can you ethically expect people to pay you when they should if you don't do the same?

Absolutely. And it's all too easy through HFA.:mrgreen:

Another point that often gets overlooked (and can get you in hot water) Is putting up a video of you covering a song that's not PD. You should get a sync license from the publisher, since it's synced to video.

Is it possible to get dinged for doing so? Maybe. You would most likely get a C&D, but if there are a lot (let's say 10K) views, they'll hit you with synch fees +damages. Again it's better to be safe than sorry.

Absolutely. And it's all too easy through HFA.:mrgreen:

Another point that often gets overlooked (and can get you in hot water) Is putting up a video of you covering a song that's not PD. You should get a sync license from the publisher, since it's synced to video.

Is it possible to get dinged for doing so? Maybe. You would most likely get a C&D, but if there are a lot (let's say 10K) views, they'll hit you with synch fees +damages. Again it's better to be safe than sorry.

I wonder if thats what happened to Fretkiller on YT?

HOTRS is alleged to have originated as an English folk song, Trad. by Anon. PD.

It is indeed old enough to have been ancient Egyptian, but I favour the theory that they pinched it off our neolithic copper and tin miners down the pub.

cool, any way I can get royalty rights?

Probably not; they're plenty sue-happy on that one

cool, any way I can get royalty rights?

If you have published any form of music then yes.

Info mainly from UK, elsewhere probably differs

http://en.wikipedia.org/wiki/Royalties
http://www.jazzservices.org.uk/index.php/jazz-business-copyright/how-royalties-are-calculated
http://www.prsformusic.com/Pages/default.aspx
http://www.ppluk.com/