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Covers Legality Question

suedesuede Posts: 247
edited June 2004 in Musicians and Gearheads
My friends in Super TC have played several covers over the years at their shows, and a few live recordings would be cool to put on their website. Does anyone know the legality of placing cover songs for download on websites? I'm their webmaster so I'm trying to find out any info before I post the covers.

The songs are:
Down In A Hole by Alice in Chains
Something by The Beatles
Lady Picture Show by Stone Temple Pilots
No Rain by Blind Melon
another by Crowded House.

Thanks in advance!
Post edited by Unknown User on

Comments

  • Eddie_Vedder_83Eddie_Vedder_83 Posts: 281
    i'm not 100% sure, but i think that's ok.....as long as you are not selling it you should be fine
    ~It is better to be hated for who you are than loved for who you are not - ?~

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  • exhaustedexhausted Posts: 6,638
    it's illegal but yeah, if you're not profiting from it, they aren't likely to hunt you down.

    technically, we should all be paying for every cover we play but it never happens. 99% of us only get free drinks to play anyway.
  • mojorison_75mojorison_75 Posts: 157
    I'm pretty sure that the only time you have to pay any royalties is when you sell that song. Just preforming it live has no obligations and I would think offering a cover for download wouldn't either.

    They(artist, record label) want money if you make money from their product.
  • puremagicpuremagic Posts: 1,907
    http://www.bitlaw.com/source/17usc/1101.html

    § 1101. Unauthorized fixation and trafficking in sound recordings and music videos


    Technically, when you play a cover at a club and your band is being paid and there's a cover charge, you are considered making a profit from your performance. If that music includes covers songs, technically it falls under Title 17. If you record your performances and distribute with cover songs, again technically your in violation of Title 17. The rules seem vague, however, combined with other sections of Title 17, yes every time you cover a song, its a reproduction and if you distribute it, (making it available on the internet is considered distribution) whether for profit or not, you've technically violated Title 17. Most artists and labels don't strictly enforce such practices, however, the liability is still present so goes the Bird Sessions. There are many, many exceptions within the "entertainment" and "educational" sections that could negate some of the violation. Its very complicated, but bottom line, offering cover songs for downloading is a violation of Title 17 if you haven't received permission, in that your promoting a product (you and/or your band) using copywrite protected material. Combine that with file sharing you can begin to see the complexity.

    As a artist/performer, would I stop doing covers, no. There's not profit in suing such artists/performers, only an example to be made. (right lars). I'd be especially careful with promotional materials, cds, dvds, etc.
    SIN EATERS--We take the moral excrement we find in this equation and we bury it down deep inside of us so that the rest of our case can stay pure. That is the job. We are morally indefensible and absolutely necessary.
  • who's_pearljam?who's_pearljam? Posts: 2,104
    Wow, Puremagic!
    I was just typing in the same, so I defer to your eloquent statement!

    Bottom line,, legally it's wrong, but if it's just a bit of downloading, chances are the writers won't come after you. Remember, though that the original writer usually isn't the owner of the music any more. The corporation usually has the rights. If you're going to cover the beatles, you have to talk to Michael Jackson!:eek:

    Ethically, if you were intentionally trying to make money off somebody elses music...............
    Be kind, man
    Don't be mankind. ~Captain Beefheart
    __________________________________
  • Pacomc79Pacomc79 Posts: 9,404
    Imitation is the greatest form of flattery.
    My Girlfriend said to me..."How many guitars do you need?" and I replied...."How many pairs of shoes do you need?" She got really quiet.
  • who's_pearljam?who's_pearljam? Posts: 2,104
    Originally posted by Pacomc79
    Imitation is the greatest form of flattery.

    Except when money starts changing hands!:D

    Then, "Flattery will get you nowhere",
    just to a subpoena:eek:
    Be kind, man
    Don't be mankind. ~Captain Beefheart
    __________________________________
  • Pacomc79Pacomc79 Posts: 9,404
    Originally posted by who's_pearljam?
    Except when money starts changing hands!:D

    Then, "Flattery will get you nowhere",
    just to a subpoena:eek:



    answering machine message "Hi this is Lars Ulrich, yeah I just want you to know I am suing your ass for 10 million dollars. 5 for the money you made on our song and the rest for emotional distress. PS. Go watch the new Metallica documentary yes we are the new Kiss."
    My Girlfriend said to me..."How many guitars do you need?" and I replied...."How many pairs of shoes do you need?" She got really quiet.
  • 62strat62strat Posts: 638
    actually if im not mistaken.

    every club, if not all..than most...pay a fee. so all the legalities are taken care of. allows bands to perform covers. the clubs pay the fee.
  • suedesuede Posts: 247
    Thanks for all of the info Jammers! :) You ROCK!
  • 2italy2italy Posts: 39
    cool. i've wondered about that too. thanks.
    http://www.evex.net/ | http://www.rockforgwbush.com/
  • puremagicpuremagic Posts: 1,907
    suede, copywrite covering live "entertainment" is complex, which I'm not going into. I looked at your site and I would strongly recommend that you change your disclaimers to accurately reflect the "proper" wording covering protected copywrite material, prior to posting other peoples. The line about stealing, again, change it as you put yourself out there not as a "fan" making a website to honor the band, but as an "official" representative of the band.

    A club's fee for live "entertainment" protects a venue from copywrite infringement because in most cases its promotion is limited to a band's name and its music genre. These fees do not automatically cover the performer who records the performance, because a venue can not transfer the rights of protected material. If a club records the performance and gives you a copy, you may assume that all legalities covering such have been obtained. Doesn't mean you can't be sued but at least you'll have company.

    BOTTOM LINE

    When you got money, fame, or enemies, then you probably have attorneys to worry about this. Otherwise, keep it under self promotion without monetary profit advertising.


    suede if your going to do a whole section on covered material, you need to make sure as your the "official" band's website. If you get a warning, you shut that site down faster than you can blink your eye.
    SIN EATERS--We take the moral excrement we find in this equation and we bury it down deep inside of us so that the rest of our case can stay pure. That is the job. We are morally indefensible and absolutely necessary.
  • cltaylor12cltaylor12 Posts: 125
    If a song is copywrited by someone else, and you record it and distribute it (even if you aren't charging money for it), you are violating the copywrite laws (you need permission to distribute it because the PUBLISHING writes belong to someone else).

    However, usually there isn't anyone able to "police" this sort of thing unless it suddenly becomes so popular that it get's air-play or seriously noticed by "the industry", so you're probably safe (even though you may technically be violating copywrite laws).

    c-
  • mccreadyisgodmccreadyisgod Posts: 6,395
    Any venue that has live music performances SHOULD pay dues to both ASCAP and BMI, the two major publishing rights companies. This would allow for performances (for profit) of copywritten songs in those two catalogs. Unless it's public-domain. It is important to note that both the song AND the recording are copywritten. So, there is a recording copyright for the actual performance recording, and a seperate copyright for writing the song. When you illegally download a song, or sell bootleg copies of legit albums, you are violating the recording copyright. When you perform a song for profit that was written by someone else, you are violating the songwriting copyright.

    The worst thing that would happen by providing a low-res soundfile of a cover song is a cease-and-desist order. Make sure you have contact info for the web doctor... so if the label ever complains, they don't have to get legal on your ass.
    ...and if you don't like it, you can suck on an egg.
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