#1
can we cover a song at a paying gig without it being copyright infringement?
Quote by bambi_slaughter

what sound does a baby make when you put it in a blender?
i dunno, i was to busy masturba ting.

Quote by maroon5mustdie
EVH. I saw him in concert. And his brother was seriously the worst bass player I've ever seen.

Quote by operation ktulu
if my guitar had a pussy, i would never leave my room
#2
Whos gonna be there that cares?
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#5
Yes you can, It doesn't matter if your signed or not.
Most bands I have ever seen had done some form of a cover live or used an intro or something, Guns and Roses were using knocking on heavens door live years before use your illusion came out for example and Maroon 5 went in to Icky Thump in the middle of a song when I saw them, was a brilliant change.
#8
my manager is retarded XD wow haha thanks guys
Quote by bambi_slaughter

what sound does a baby make when you put it in a blender?
i dunno, i was to busy masturba ting.

Quote by maroon5mustdie
EVH. I saw him in concert. And his brother was seriously the worst bass player I've ever seen.

Quote by operation ktulu
if my guitar had a pussy, i would never leave my room
#9
Quote by MetallicSoul92
my manager is retarded XD wow haha thanks guys

I would seriously advise getting rid of him.
#10
Quote by Retro Rocker
I would seriously advise getting rid of him.


ya see, cant really do that, we made like a whole charter type thing showing rules and crap... he use to be the drummer but he got sick of it so we made him manager and got a better (10 times better) drummer.

the charter basically stated that band leaders cant be kicked out... he was one of the founding members of the band so ya..

hes getting better tho, he can do stuff like get us gigs and hes starting to learn.
Quote by bambi_slaughter

what sound does a baby make when you put it in a blender?
i dunno, i was to busy masturba ting.

Quote by maroon5mustdie
EVH. I saw him in concert. And his brother was seriously the worst bass player I've ever seen.

Quote by operation ktulu
if my guitar had a pussy, i would never leave my room
#11
Yes, *anyone* can *perform* a cover and do so perfectly legally. It doesn't matter whether you are signed or not.

Here is how it works...

The *venue* is in a business where they use music to help them sell product. This includes shoe stores, grocery stores, amusement parks, festivals, bars, concert halls, restaurants, etc. Because of this, the *venue* is obliged to pay a blanket license to whatever performing rights association (ASCAP, BMI, SOCAN) that makes them good for the year. It is an annual fee. Yes, even if they are only playing CDs or the radio.....

So, the onus is on the *venue* to pay this license. If someone swoops in and finds out that your band is in there playing some Metallica song and the license hasn't been paid... it is the venue that gets nailed. Not you.

Where this gets hazy is when you rent out, say, a banquet hall. The banquet hall is in business of renting out their facilities.... whether the person renting the facility brings in music or not is of no consequence to the banquet hall owner. In such a situation, they might have a stipulation that you, as the renter, are obliged to secure performance licences for your event for a one-time fee. That sort of thing should be spelled out clearly in the contract.... but that doesn't apply to what you're talking about anyways.

*Recording* a cover is a whole other kettle of fish. And yes, you can record a cover, and do so perfectly legally, by paying for a mechanical license to use the song. But that's a whole other matter....

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

Chris is the king of relating music things to other objects in real life.
Last edited by axemanchris at Nov 23, 2008,
#12
Quote by axemanchris
Yes, *anyone* can *perform* a cover and do so perfectly legally. It doesn't matter whether you are signed or not.

Here is how it works...

The *venue* is in a business where they use music to help them sell product. This includes shoe stores, grocery stores, amusement parks, festivals, bars, concert halls, restaurants, etc. Because of this, the *venue* is obliged to pay a blanket license to whatever performing rights association (ASCAP, BMI, SOCAN) that makes them good for the year. It is an annual fee. Yes, even if they are only playing CDs or the radio.....

So, the onus is on the *venue* to pay this license. If someone swoops in and finds out that your band is in there playing some Metallica song and the license hasn't been paid... it is the venue that gets nailed. Not you.

Where this gets hazy is when you rent out, say, a banquet hall. The banquet hall is in business of renting out their facilities.... whether the person renting the facility brings in music or not is of no consequence to the banquet hall owner. In such a situation, they might have a stipulation that you, as the renter, are obliged to secure performance licences for your event for a one-time fee. That sort of thing should be spelled out clearly in the contract.... but that doesn't apply to what you're talking about anyways.

*Recording* a cover is a whole other kettle of fish. And yes, you can record a cover, and do so perfectly legally, by paying for a mechanical license to use the song. But that's a whole other matter....

CT


...And axemanchris wins another thread. Listen to this man, TS.

You've helped me out on this issue too, chris. Thanks.

One thing I would like to add, is that you should check with the venue owner(s) first, cause there are some cheap-skate venues that don't want to pay that fee.
~don't finkdinkle when ur supposed to be dimpdickin~
#13
yeah and if you cant i dont know if anyone cares. die fighting started with were not gonna take it then made it all hard core and it was really funny
#14
Quote by Primus2112
...And axemanchris wins another thread. Listen to this man, TS.

You've helped me out on this issue too, chris. Thanks..


My pleasure.

Quote by Primus2112

One thing I would like to add, is that you should check with the venue owner(s) first, cause there are some cheap-skate venues that don't want to pay that fee.


Not your problem. their problem.

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

Chris is the king of relating music things to other objects in real life.
#15
Quote by axemanchris

Not your problem. their problem.

CT


I thought they wouldn't let you play if you were doing a cover, cause they didn't want to pay.
~don't finkdinkle when ur supposed to be dimpdickin~
#17
@primus - That's an interesting thought. I don't know, but I have a feeling that if one of the performing rights associations started to monitor what establishments have and have not paid their fees, and found a club that hadn't paid, and that club said, "we don't allow covers," that they would be skeptical at best. My guess is that that argument wouldn't wash, and they'd have to pay a license just in case... sort of 'preventative maintenance.'

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

Chris is the king of relating music things to other objects in real life.
#18
If it was, I would be getting my ass kicked by Tool right now.
Aboard an old pirate ship made of wet souls..

We plunder and pillage from north to south poles..

We only steal metal like guns, tanks, and toasters..

We melt it all down and we make rollercoasters.
#19
erm you can play covers

as long as you don't try to pass it off as your own song your fine
Shamone
#21
you can play covers live all you want, cover bands anyone??

its when you record them and sell them, then its profit loss of the original artist, even at that point, youd have to be pretty big for a major label to come wanting their 2 cents evertime you play the song,
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#22
Quote by ark
you can play covers live all you want, cover bands anyone??

its when you record them and sell them, then its profit loss of the original artist,


Close.... it's when you record them and make copies. Even if you give it away for free, you are still expected to pay the licensing fee to use the song. That licencing fee is paid per copy *manufactured* not per copy sold.

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

Chris is the king of relating music things to other objects in real life.
#23
Here's another important bit of info about SOCAN, (or other countries' equivelent) once you register, the orginization pays you $60 for every show you play an original song at a gig that has a $6 cover or more. AND joining SOCAN is FREE.

- Something every musician should know. but be advised, not every venue is licensed. if your bud put on a show at a community centre and you filed for cash from SOCAN, you'd just be getting your friend in ****. But nonetheless, being a SOCAN artist is definetely worth it, my band's songwriter has been going though the paperwork to sign up and it will get us lots of extra cash once his on.

*shamless promotion of band please visit http://myspace.com/dirty30smusic *
#24
Quote by comftrblynum
Here's another important bit of info about SOCAN, (or other countries' equivelent) once you register, the orginization pays you $60 for every show you play an original song at a gig that has a $6 cover or more.


I did not know this. I am a member, which allows me to collect royalties when our material is played on commercial TV or radio. (campus radio/community TV, etc. are exempt). And yes, joining is free.

Do you have a source about this $60 per show bit though? I looked through www.socan.org and couldn't find anything about it.

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

Chris is the king of relating music things to other objects in real life.
Last edited by axemanchris at Nov 30, 2008,