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Thread: Covers revisited

  1. #11
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    SlackMan:
    Purchase of the CD is a different issue, because you've bought the license to make personal copies (reproductions) and to "perform" it for yourself or friends as many times as you like on your property as long as you're not charging admission.

    The easiest way around this is to write your own music.
    I've heard your stuff.
    Just write more and save the covers for
    friends. If you're really paranoid, simply use PGP to encrypt it before you post it at your site. This gets a little sticky in that the encryption must be targeted at a specific
    recipient. But it's free and POWERFUL! And at least it proves that you aren't distributing someone else's music.

  2. #12
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    drstawl, you may have hit on something here...

    You know how you can zip files up with a password? Well, suppose you posted zipped MP3 files of your covers, but only supplied the passwords to people who you wanted to hear the music? Or posted unprotected files in a protected directory that you could only get to with the password? I'm (of course!) not a lawyer, but I doubt that could be held to be anything other than a private performance, and not a publication per se.

  3. #13
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    Well, the problem with that theory is that a downloaded song, regardless of whether it's encrypted, is still a reproduction. It would be like burning a copy of a CD, but only giving the copies to your friends. Still illegal. If there was a way to stream songs off the internet without making a local copy of the data then things might be different...it would be like playing a CD for your friend over the telephone.

    HOWEVER, it is much harder to get caught this way.

    I'm still confused though. It seems that if I serve the publisher with a notice of compulsary license, then I can make as many CD's as I want with my version of a song as long as I don't sell them. Why doesn't the same apply to songs on the internet? Well, I know why...it's a lot easier to mass distribute a song on the internet and the publishers are looking to cash in. Right or wrong I don't know.

    Slackmaster 2000

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    In reguards to the footnote amendment to your initial question Slacks.. "is a band breaking the law each time they do a cover...", technically yes if they are recieving monies or compensation for their gig. I was told this buy a guy with a score of albums and his own lable. I asked him if I was stepping on toes by playing his stuff. He said not if I was doing it for free. But if I was getting cash or even "favors" that I would be wise to get written permission.

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