DuhSpesoBoyz

My friend and I want to post some cover songs on the internet for non-profit reasons. Would we need to worry about myspace legalities?

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dgme92

It's not illegal, as long as you cite the original artists, I think.

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C wut I did thar Fishy?

Yes, and I can hear subtitles.

Anthony1991

Nope, as long as you keep the word COVER in the title, then its not plageurism. Taking the song, and saying its yours - is.

Igniter

Well I've come to understand that it is illegal, but unless you are making money from it they don't care at all.

MiG_853

It's the recording of a performance and you're not making money, the issue is when there is money involved because then you need to pay royalties; you can play any piece of music even in a show people pay to go see, so long as you don't sell a recording or written script of the event.

(Law student says: Close thread.)

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moody07747

Even if you are posting it for free, put "cover" in the title and you'll be fine.

also +1 ^

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axemanchris

Whoa!!!!!!! WRONG, WRONG, WRONG!!!

Go to any performing rights organization. ASCAP, BMI, SOCAN, etc. Look up mechanical licensing. You pay a fee to use an artist's song. That fee is, for most songs and most artists, somewhere in the ballpark of 7 or 8 cents per manufactured copy. (for the purposes of legal definitions, "manufactured" includes creating an mp3) Notice, it is NOT per copy SOLD. You can give them away all you want, but if you are *manufacturing* (see definition) copies of that person's song, you are expected to pay for it.

More info here:
http://www.cmrra.ca/cmrradocs/mlbe06.pdf
http://cdbaby.net/dd?f=8
http://www.getsigned.com/dale1.html

Now, that all said.... if you are just some bunch of nobodies with a cover song on a myspace that people can't even download, chances are (but no guarantees!) that nobody is going to get excited about it.

If you're selling CDs with a cover song on it.... you're really entering dangerous territory, no matter how insignificant an artist you are.

CT

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raphaelnikolai

i think its not.

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NSHSpolevault

no one will flag u if u do put it up. plus depending on how close it is to the actual song matters too. not for legal reasons but all for judging if they wanna get u for it. if u say its a cover it should be fine. probably not 100% legal but chances are u wont have any trouble.

buzz

HIJACK!

What about taking a cutting of dialogue from a movie?

Like the Fun Lovin Criminals did on Scooby Snacks.

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axemanchris

That's called a reproduction licence, which yes, you pay for.

CT

__________________
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

ESP LTD MH-400
Randall RH150 G3
Bernabe E-8 (hand-made in Spain)

Flow of soul

I would just but them up and but cover somewhere in your song or something. If a performing rights agency gets after you just take it down.

Death-Speak

Depending on what you're doing with them it could be covered under fair use. It depends exactly what you're posting where you're posting it, and if there is any type of personal gain involved.

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axemanchris

http://www.templetons.com/brad/copymyths.html
http://www.copyright.gov/fls/fl102.html
http://en.wikipedia.org/wiki/Fair_u...sunderstandings

Maybe. Maybe not. Procedure is you get sued or otherwise litigated against, and claim fair use as your defense. It is a case-by-case concept determined by a judge.

It generally refers to a portion of a work for things like private study and critique. Okay, to improve your playing or mixing skills or whatever, that fits the private study/critique guidelines. Also bear in mind that we are talking what is almost exclusively considered a *portion* of the work. Put up a whole song and you'll have a weaker defense in court when you try to claim "fair use."

CT

__________________
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

ESP LTD MH-400
Randall RH150 G3
Bernabe E-8 (hand-made in Spain)

ch715dallat

why do you initial every post, god i hate people that do that

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guitargod5

i have seen myspace delete profiles with cover songs up.

their policy states that you cant post cover songs.....

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axemanchris

...because the cover songs reside on their servers, they could be named as accomplices in distributing copyrighted material.

CT

__________________
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

ESP LTD MH-400
Randall RH150 G3
Bernabe E-8 (hand-made in Spain)

f*ck 0ff

Don't stress about it, as long as you aren't directly profiting from it its perfectly fine, infact it could be good for the artist, all publicity is good publicty, so say if 500 people listen to your song, you could bet that 20 or so of them would then want to listen to the original. No one on earth would file a lawsuit against a garage band who covered their song and made abolutely no profit from it at all. And as for myspace making it against the rules, theres 0.001% chance of someone who works for myspace even looking at your page, let alone caring enough to act on it (thats assuming they even noticed that it was a cover). You only live once, don't waste precious moments of your life freaking about a minor technicality.

axemanchris

Just because....



... does NOT mean that



CT

__________________
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

ESP LTD MH-400
Randall RH150 G3
Bernabe E-8 (hand-made in Spain)