Covering unreleased Beach Boys songs?

[mikeyj]

I was just wondering how can a band cover an unreleased Beach Boys/Brian Wilson song and then officially release it? I mean isn't that a little strange that the song has never been officially released by anyone and therefore nobody is supposed to have heard it and yet someone records and releases it? Of course Adam Marsland and Co. had permission. But I'm talking about the cover version of Carry Me Home (I think by Primal Scream?) and then of course the cover versions on tribute albums such as Caroline Now! like the Lines cover by Douglas T. Stewart and the Stevie cover by Saint Etienne... Of course there is probably more but those are the ones I can think of off the top of my head.

[dogear]

Even Dennis' "He's A Bum" was covered by Irish singer Cherry b/w "He Rides With Me"  Crashed Car Records # 91 (1984)

[Andrew G. Doe]

I was just wondering how can a band cover an unreleased Beach Boys/Brian Wilson song and then officially release it? I mean isn't that a little strange that the song has never been officially released by anyone and therefore nobody is supposed to have heard it and yet someone records and releases it?

Not in the least - Manfred Mann almost made a career out of covering unreleased (at the time) Dylan songs.

[Uncomfortable Seat]

Permission is certainly necessary.  The songwriter always has the right of first exploitation

[the captain]

If the song is copyrighted, I believe the artist is only required to credit the songwriter(s) and pay a fee/royalty. I do not believe the songwriter has the authority to decline someone permission.

And if it is not copyrighted, I don't even see how the payment would work, although crediting the songwriter would still be a good idea for moral reasons and to avoid getting sued, I guess.

[Uncomfortable Seat]

I do not believe the songwriter has the authority to decline someone permission.

I have always heard that the songwriter has the right to exploit his work economically before anyone else does.  I believe this is why the New Christy Minstrels were unable to record Cherish before the Association did, even though they really wanted to

[Boiled Egg]

i believe Uncomfortable Seat is right.  certainly, i was told the same thing by my publisher's lawyer.