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huh... Whole lotta lawsuits


fretless

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I didn't know that it was illegal to play covers without permission.
:confused:

 

It's illegal to play copyrighted covers *for profit*. You are free to play covers at your block party, etc.

 

The way it works in the US...the *venue*, who is the ultimate profiter, must secure licenses to perform cover music. The bands are neither required to be licensed nor liable for a failure to do so. The license can cover both live performance and recorded playback, so it can cover DJ's and jukeboxes, etc.

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I think the official version is that a venue is supposed to note down all the non origonal songs you play as a cover band, and then a certain amount is paid to the artists for each song - so they are making something out of you playing their songs.

 

Same thing goes for playing cd's or anything like that (ever noticed the copyright notice with 'no public performance' on each disc you buy)

 

I am not sure exactly how it works though, that is the way I know of it, but it seems a bit awkward to note down every song played, and I can't really see many venues wanting to bother, so I don't know if you can pay a yearly fee or something to get round it.

 

There was a brilliant story that came from a guitar shops forum I frequent, the owner had had a call from the official body (of whom I can't remember the exact name) saying that since people presumably played 'covers' of other songs when they try guitars out, that counts as public performance, so would need a license, thankfully the owner told them where to go

 

David

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I think the official version is that a venue is supposed to note down all the non origonal songs you play as a cover band, and then a certain amount is paid to the artists for each song - so they are making something out of you playing their songs.


Same thing goes for playing cd's or anything like that (ever noticed the copyright notice with 'no public performance' on each disc you buy)


I am not sure exactly how it works though, that is the way I know of it, but it seems a bit awkward to note down every song played, and I can't really see many venues wanting to bother, so I don't know if you can pay a yearly fee or something to get round it.


There was a brilliant story that came from a guitar shops forum I frequent, the owner had had a call from the official body (of whom I can't remember the exact name) saying that since people presumably played 'covers' of other songs when they try guitars out, that counts as public performance, so would need a license, thankfully the owner told them where to go


David

 

 

From what I've heard at the local GC, I don't think the players play accurately enough to meet the minimum definition of the copyright law to qualify. :D

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I think the official version is that a venue is supposed to note down all the non origonal songs you play as a cover band, and then a certain amount is paid to the artists for each song - so they are making something out of you playing their songs.


Same thing goes for playing cd's or anything like that (ever noticed the copyright notice with 'no public performance' on each disc you buy)


I am not sure exactly how it works though, that is the way I know of it, but it seems a bit awkward to note down every song played, and I can't really see many venues wanting to bother, so I don't know if you can pay a yearly fee or something to get round it.


There was a brilliant story that came from a guitar shops forum I frequent, the owner had had a call from the official body (of whom I can't remember the exact name) saying that since people presumably played 'covers' of other songs when they try guitars out, that counts as public performance, so would need a license, thankfully the owner told them where to go


David

 

 

No, the licensing covers the entire catalog for either BMI or ASCAP. No need to record the songs played, which would be prohibitive if not impossible in the case of jukeboxes.

 

FWIW, the licensing isn't expensive, and many jukebox vendors will handle it for the venue, so all they do is pay the fees as part of their vending package.

 

 

And again, that story would have to be BS, since only performance for profit is prohibited by copyright law.

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No, the licensing covers the entire catalog for either BMI or ASCAP. No need to record the songs played, which would be prohibitive if not impossible in the case of jukeboxes.


FWIW, the licensing isn't expensive, and many jukebox vendors will handle it for the venue, so all they do is pay the fees as part of their vending package.

 

 

 

ACCAP has 3 different licensing "styles". One is more of a general coverall and the other 2 require more specific recording of songs or albums played. Don't really know more than that, though.

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And again, that story would have to be BS, since only performance for profit is prohibited by copyright law.

 

 

I don't follow your logic. A bar or any facility for that matter hires a band in the hopes of brining in more customers and making a larger profit. My bass instructor told me that they can increase ligour sales by over $1,000 on any comparable night - they're a drinking band - and throw a heck of a good party when they play. The same goes for the juke box. All of it contributes to a business's profit generally speaking.

 

So, the bar is required to have a license for these kind of activities. Those fees are paid back to the musicians et al - after ASCAP takes their cut - which I'm sure is more than a healthy amount.

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Oh man don't get me started on ASCAP, but yeah it's the venue's responsability to get the necessary license which is actually called a "blanket license" I believe and isn't that expensive. The idea being the artists will get paid for their works but it's anybody's guess how much of that actually makes it there.

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Oh man don't get me started on ASCAP, but yeah it's the venue's responsability to get the necessary license which is actually called a "blanket license" I believe and isn't that expensive. The idea being the artists will get paid for their works but it's anybody's guess how much of that actually makes it there.

 

 

Thanks for the confirmation - as usual, it's about someone getting paid. I don't care who you work for or what you do, it's all about the money. I include every single non-profit in that also... from the NAACP to the NRA.

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I don't follow your logic. A bar or any facility for that matter hires a band in the hopes of brining in more customers and making a larger profit. My bass instructor told me that they can increase ligour sales by over $1,000 on any comparable night - they're a drinking band - and throw a heck of a good party when they play. The same goes for the juke box. All of it contributes to a business's profit generally speaking.


So, the bar is required to have a license for these kind of activities. Those fees are paid back to the musicians et al - after ASCAP takes their cut - which I'm sure is more than a healthy amount.

 

 

Did you miss the part where the story I commented on was about a music shop, not a bar?

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