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2006-12-07, 04:17
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Join Date: Mar 2006
Location: St. Louis
Posts: 3,003
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Legal Ramifications of Covering Songs.
Didn't see any topics on this, and thought it would be a good place to bring it up.
This has always made me think; if a band decides they want to cover a song, record it, put it on a demo, or at least play it at gigs and stuff which they earn some money for, and because these songs are copyrighted and not your own, is there some sort of process a person has to go through to get permission to cover the song?
My band wants to cover lots of songs, so we narrowed it down to just one song per person basically. But if there is some sort of beaurocratic crapola that we would have to go through, I don't see it being worth the time and energy.
Do any of you play cover songs at your venues? Did you have to contact the agencies or record labels whoever it is that has the rights to the songs you covered?
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2006-12-07, 04:31
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Senior Metalhead
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Join Date: Oct 2005
Location: Val-d'Or, Quebec
Posts: 231
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I would also be very interested in knowing more about this.. Like.. if we cover a song, do I need permission to "host" it on a website or do I only have to mention the "orginal author" of the song?
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2006-12-07, 04:57
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Life is pain.
Banned
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Join Date: Jun 2004
Location: Australia
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Ive always wondered, but never cared enough to let me not cover what I want to.
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2006-12-07, 05:07
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Post-whore
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Join Date: Aug 2004
Location: Los Angeles, CA
Posts: 1,865
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i always wondered that also. well ive covered 2 songs last time i played a gig, nothings happened.
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2006-12-07, 05:31
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Post-whore
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Join Date: May 2004
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No, you do not need actually permission to do so (especially live). However, when most bands put a cover on their CD they typically let the band know.
The reason you don't need a legal pass is because it is your randition of another's song.
If you only change the name and try to call it your own (using the same lyrics, riffs, etc.) then you are breaking copyright law.
Also, you cannot use the original recording and put it on your own CD, it must be re-recorded by you to be legal, otherwise (again) you're breaking copyright law.
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2006-12-07, 08:08
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Schrodinger's Cat
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Join Date: Dec 2003
Location: Liverpool, England
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I'm pretty sure a band cannot claim royalties for covering another band's song, as the royalties are paid to the person credited with writing it. Bear in mind that royalties and a cut of the sales are completely different. A band can claim their cut of the revenue generated by the sale of an album containing a cover song and the royalties generated by the public performance or broadcast of their own songs. They will not, however, be able to claim the royalties generated by the public performance or broadcast of the cover song.
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2006-12-07, 09:26
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Supreme Metalhead
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Join Date: Jan 2005
Location: Behind you! Boo!
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As John has mentioned if you play a cover version live you don't need permission or pay copywrite etc but if you record it on an album you'll need permission from band or whom ever wrote the tune etc. Obviously who ever wrote the tune will get money from the sales.
If you are going to host your cover on a web site you'd have to give credit to the original performer/writer (like you do with the tabs) and I guess most myspace type sites have a disclaimer you have to read and agree on over copywrited material.
On a slightly interesting note Front Line Assembly wanted to sample some Metallica riffs in the early 90's. Metallica being so up their arse holes left the decision with lawyers who lined their pockets by holding back on a comment. Front Line got fed up with waiting so they got a session guitarist to play the riffs they wanted but add a different note and hence they didn't have to pay copywrite to greedy dwarf Lar$!  |
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