If a writer or publisher refuses permission to record an unreleased song written by someone outside the band, is it legally permissible to record and release your recording?

If a writer or publisher refuses permission to record an unreleased song written by someone outside the band, is it legally permissible to record and release your recording?

• A. True
• B. It depends on jurisdiction
• C. False
• D. Only with the writer's consent of publisher's interest

Answer: (C)

Recording a song written by someone else requires permission from the copyright owner because the composition is protected and the owner controls the rights to reproduce and distribute it. If the writer or publisher refuses permission, there is no license available to legally record and release that unreleased work. A compulsory license in the music industry generally applies only to songs that have already been released to the public; it does not apply to unreleased material. Therefore, without consent, it isn’t legally permissible to proceed. To move forward, you’d need the writer or publisher to grant a license or permission, or choose a different, already released work.

Recording a song written by someone else requires permission from the copyright owner because the composition is protected and the owner controls the rights to reproduce and distribute it. If the writer or publisher refuses permission, there is no license available to legally record and release that unreleased work. A compulsory license in the music industry generally applies only to songs that have already been released to the public; it does not apply to unreleased material. Therefore, without consent, it isn’t legally permissible to proceed. To move forward, you’d need the writer or publisher to grant a license or permission, or choose a different, already released work.