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Even though I'm not entirely sure what you mean, I can pretty convincingly say yes, you do need permission.

What's confusing about your question is I'm not sure why you would expect the songwriter to have to pay anyone; generally the users pay the creators.

My only guess is you meant to say the performer on the recording did not pay the songwriter or copyright holder for permission to record and distribute their performance of it. And yes: if I have distributed an unlicensed recording of myself performing a copyrighted song, and you want to use it for, say, a YouTube video, you would need a license from the rightsholder of the underlying song; usually what happens in that case is they turn you down and then send me a cease-and-decist or even just an invoice, and once that's resolved you can request permission again.

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Q: Do you need permission to use song recordings the songwriter did not pay for?
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You would need permission from the rightsholders of each of the works involved. For example, if you're combining recordings of three songs and snippets of two movies, you would need permission from the publishers of each of the three songs, the labels of each of the three recordings (often separate from the song), and the studios of the two movies. Fees vary wildly based on your intended use.


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A song is protected by copyright as soon as it is fixed in a tangible medium (notated or recorded). The rightsholder starts out as the songwriter, but rights are often transferred to publishing companies by agreement, because they're better equipped to license the work further. The rightsholder has the exclusive right to copy, alter, distribute, or perform/display the work, or license others to do so; anyone else wanting to do any of these things needs permission. To "publicly perform" the song, which includes performing it and broadcasting it, you need a performance license, which is usually handled through whichever performing rights organization the songwriter belongs to (in the US, ASCAP, BMI, or SESAC). To print sheet music, you need print rights. You would also need permission to "alter" the work, which includes adding or changing lyrics, arranging for specific ensembles, etc; the same print rights administrator usually handles this as well. To distribute recordings of the song, you need a mechanical license, which is called that because that part of the law was written in response to player pianos. To use the song in a video project, you need a synchronization license. Now, going back to distributing recordings, the performance embodied in the recording has its own rights as well, so people wishing to use that need permission from the songwriter (referred to in paperwork as "the copyright holder of the underlying work") AND the rightsholder of the recording (generally the label). So to broadcast a particular recording (with the exception of terrestrial radio, although this may change), you are paying the songwriter (or publisher) and the artist (or label). To distribute a particular recording, you need a mechanical license and a master use license. To use a particular recording in a video project, you need a synchronization license and a master use license.


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