Here is my question: I want to record a loose version of the theme song from Rocky. It will be a spoof with the feel(phrasing)of parts of the Rocky song, but the notes and words will be different. Do I have to pay ASCAP to do this?

It will be rewritten both notes and lyrics, and performed by me.

I have this whole training montage in my mind right now, and the feel of that song really fits.

This is for a video production that may be commerical.

Tony

Well, if it is not using the exact arrangement and notes then you should be okay as long as you aren't just doing it in another key. There are many songs out there that sound very similar. The only thing you might consider is noting that it is inspired by the Rocky song. The Rolling Stones did that when they found out one of their songs sounded similar in notation to KD Lang's Constant Craving. Out of respect they gave her acknoledgement in the liner notes.

Having said that though, if your song is sounding really similar, you may want to contact the creator of Gonna Fly Now. Better safe than sorry.

Actually if you are changing the words you could be covered under laws concerning parodys.

Good friends of ours have a parody band and they have researched all the laws and how it affects them. Here is some info that may help you...

In 1994, in a case involving 2 Live Crew's parody of "Oh Pretty Woman" by Roy Orbison, the U.S. Supreme Court ruled that parodies can be a "fair use" of an original song, requiring no permission or royalties. One of the main points the Supreme Court made was that when a parodist significantly changes the words and meaning of an original song to spoof it, the parody becomes a new work -- even if it uses the music of the original. And that to do a parody of a song, you need to use at least some of the music of the original to "conjure up" the original. You can't have a parody without having elements of the original in that parody.

This may help you as well:
http://www.artslaw.org/PARODY.HTM


Hope that helps.

Kevin

Took the words right out of my mouth Kevin. In other words, "Yeah... what he said!"