Music Performing Rights

[naveed211]

I've started a new band with a drummer I used to play with in an old band and three other guys. We are all taking past material from our old bands and bringing those songs into this new group. We are planning to record and perform the material. A lot of the material we are using has already been performed and recorded, almost note for note with how we're playing it now, despite a few differences here and there because of new guitarists playing to it.

 

One of the songs especially was largely written by the singer of my old band, and we are going to be singing the lyrics he wrote to that song and same goes for one of the other guys who is bringing songs from his old band. Two of the songs he didn't write the lyrics for.

 

Is this OK without going into a court of law and getting copyrights and all that? If it ever comes down to where we record, I am planning on giving songwriting credit to members of my old band who had a hand in writing the songs. But I don't plan on saying "Hey, this is a song from our old band" at shows or whatever. The songs we wrote before currently are not copyrighted or protected in any way. Does that make a difference?

[Johnny-Boy]

"The songs we wrote before currently are not copyrighted or protected in any way" - naveed211

 

Yes, they are indeed copyrighted, just not registered with the Copyright Office (Library of Congress).

 

I would contact the members of your old band and get permission to use those songs. If you make CD's, make sure credit is given to all the writers. If you register these songs with the Copyright Office, make sure all writers are listed.

 

John

[daddymack]

Johnny is absolutely correct...registering a song for a copyright is a formality. In this case, you say the songs were recorded previously, so they were in a 'tangible' form, and therefore a copyright is in effect. Getting permission, technically, if the songs have already been released on the old band's CD, is not really necessary, but as a gesture, I would do it. And make certain you spell everyone's name correctly!

[naveed211]

Thanks for the responses. One of the songs we are playing live we had very little to do with writing, but it was one of our more popular songs in my past band and we love it so we continue to play it. The rest of the songs were either mostly written by the people in this new band, or were highly collaborative in the past bands. I guess I was mostly asking based on that one song that was mostly written by the singer in my old band.

 

I guess the drummer and myself started this new band as kind of an homage to the old band because we missed playing those songs, but now it's kind of taken off and taken on a life of its own, so hence the question.

[michaell]

 

I guess the drummer and myself started this new band as kind of an homage to the old band because we missed playing those songs, but now it's kind of taken off and taken on a life of its own, so hence the question.

 

 

They must be good songs!

 

There's some good books on Amazon about copywrites.

 

The Plain and Simple Guide to Music Publishing by Randall Wixen ( Hal Leonard ) is a staright forward somewhat current ( 2nd edition 2009 ) book I recommend.

 

Playing your songs or your friends songs is a good thing. Just respect the writers!

[EvilMinstrel]

Also, if you record the songs, make sure you get correct label copy from the other songwriters, if they've set up publishing, you'll want that in the liner notes. FYI, if you co-wrote something you don't need anyone's permission to record it, because it also benefits the other writers, but you DO have to make sure that proper credit is given and if royalties ever became an issue, make sure they are paid correctly also.

[NeverTheMachine]

Also, if you record the songs, make sure you get correct label copy from the other songwriters, if they've set up publishing, you'll want that in the liner notes. FYI, if you co-wrote something you don't need anyone's permission to record it, because it also benefits the other writers, but you DO have to make sure that proper credit is given and if royalties ever became an issue, make sure they are paid correctly also.

 

Interesting ... so if there's a song that I co-wrote that never made it to the studio, I can record it proper in the future if the other guy isn't around? As long as I give the necessary credit?

 

I always thought that a co-writer 50% would have equal say in publishing rights to a song even if they're not involved. For example, "I'm going to quit making music, but I'm not going to let you use that song I co-wrote". That sounds more ridiculous now saying it out loud. I'm quite cynical and worried about vindictiveness in this mercenary age of band based music.. I guess.

[EvilMinstrel]

 

Interesting ... so if there's a song that I co-wrote that never made it to the studio, I can record it proper in the future if the other guy isn't around? As long as I give the necessary credit? I always thought that a co-writer 50% would have equal say in publishing rights to a song even if they're not involved. For example, "I'm going to quit making music, but I'm not going to let you use that song I co-wrote". That sounds more ridiculous now saying it out loud. I'm quite cynical and worried about vindictiveness in this mercenary age of band based music.. I guess.

 

 

There is a law that protects you in those cases. With Intellectual properties, if all interested parties will benefit from the exploitation of the work, then consent from the uninvolved party is not needed.... as long as they are properly credited, and paid of course.