Cover tune policy for forums?

[DimChandeliers]

Are we prohibited from posting cover tunes(done w/o permission) in the forums?
I'm not referring to covers of member songs.

Thanks,
Dim

 

[WATYF]

I can't imagine it would be too much trouble to simply PM someone and ask if you can cover their song... I would do it out of common courtesy.

In addition... Waldo doesn't allow hosting of covers (on NWR) if you don't get permission.



but if you get permission.. then yeah.. that's welcomed.


WATYF

 

[dafduc]

Right. It's not really a forum issue, because you don't post the song here, you only link it. But NoWhereRadio policy is real clear - don't post covers without explicit permission. That's why I posted my barband tapes:
https://homerecording.com/bbs/showthread.php?s=&threadid=82106
elsewhere - it would only take one deep-pockets lawsuit to mess Waldo up.

 

[DimChandeliers]

Daf,
I'm going to use your info as an example here -
Did you get permission to record these covers and post them to your blogspot site? Assuming you didn't, technically, you could be sued. HomeRecording.com could also be named in a suit for allowing you to 'advertise' the link to your site where the illegal covers are.
I'm not on the phone to Michael MacDonald's publisher
I'm just wondering what is legal and what isn't.

 

[dafduc]

You're right, technically I could be sued. I would argue fair use, since the posting was strictly to (1) make comment on the performance, (2) obtain comment on the performance and recording, and (3) obtain recommendations on fixing the mix. This would be supported by the fact that these links were only posted here, and not on any blogspot documents - so it was only an audience of my peers, fellow musicians and recordists, rather than the general public.

Of course, he (or Smokey) could probably afford a better lawyer than me, which is what REALLY matters in American jurisprudence. I'm sure the guys in the band could sue me too, as there's an implied performance copyright - but they're as broke as I am.

I'd like to think that we're way under the big boys' radar here. But Waldo might not be, because he competes, albeit in a small way, with IUMA and MP3.COM and the like - it's actually about public exposure. HomeRec's more like a trade publication, and more about a "scholarly exchange of ideas", the existence of The Cave notwithstanding.

Not that there aren't stars out there who are willing to be pricks. But unless Dragon and his pals Slack (nice tits, Slack) and Dobro and DW tell us to stop posting covers, I think we're okay. And they're pretty safe, since they don't host the music itself (but see prior note about American jurisprudence).

BTW, blogspot is owned by Google now, so if McDonald, Robinson, et al were really looking for some deep pockets...

 

[DimChandeliers]

Well said Daf! We gotta be way under the radar.

You cleared up a lot for me. I wonder if Dragon shouldn't have some sort of disclaimer just to cover his arse.

 

[Slackmaster2K]

Nothing is actually hosted here, and there is nothing illegal about discussing something that may or may not be illegal.

When it comes to member tunes, I think it's more of a question of etiquette. I'm not sure how I'd feel about somebody posting a cover of one of my tunes (not that they'd want to)...and I would expect someone to be nice enough to at least ask first. When it comes to covers of commercial material, I *personally* think it's fair game as long as you don't profit without paying royalties.

Slackmaster 2000

 

[DimChandeliers]

Technically speaking, once you put a link to a song here in the forum, you're doing more than discussing it. But like Dafduc said, I think we're way under the radar here and I personally would love to put in a link for one of my covers to be reviewed. The difficult thing is finding a place to host my covers since Nowhere, IUMA, etc. don't allow it.
As far as covering a members song, yeah, it's mostly a matter of
etiquette. Most would be flattered to have someone cover their song.

 

[Slackmaster2K]

A link to illegal content is not against any law that I am aware of. It is the person and potentially the content host who takes on the legal responsibility. It's not even against the BBS user policy.

Slackmaster 2000

 

[mixmkr]

When it comes to member tunes, I think it's more of a question of etiquette. I'm not sure how I'd feel about somebody posting a cover of one of my tunes (not that they'd want to)...and I would expect someone to be nice enough to at least ask first.

I've done a couple covers, (and added tracks, etc) as have many others here, of other contributors to the mp3clinic. I didn't ask permission first, nor do I expect that the majority of people asked permission first either. However, I am sure that there are some that probably did. My take on this is that this is an informal enough arena for posting, and non of us are really "rock stars" that we are stealing something and making a buck off of it....or whatever else. Infact, I would bet you could count on one hand, the number of people making money off their original music that frequent this clinic. Personally, I kinda like the "susprise" aspect of it, and feel that covering someones tune is more a compliment, than a negative. However if I am waaaay in the minority, I will stop [maybe!], being so impulsive..... ha!

 

[Gidge]

I like the surprise too.....

I think if you are on good enuff terms with the person, they probably wouldnt be offended if you covered their song without permission.....

btw, are we legally entitled to royalties when someone covers our song?.....

 

[MartyMcFly]

I covered a Foo Fighters tune "My Hero" about 4-5 months back on "Nowhere" and I dont think it was ever taken down. I even had a link here for people to review it. Ofcourse I didnt use it to make any money...I just like the challange of trying to reconstruct the original from the ground up.
Also wouldnt coverbands everywhere be getting sued left and right? I mean they are preforming other peoples original songs and getting paid to do it(usually).

 

[Kramer]

Also wouldnt coverbands everywhere be getting sued left and right? I mean they are preforming other peoples original songs and getting paid to do it(usually).

All bars,clubs etc. have to pay royalties for the cover tunes that are played in their venue.

 

[Kramer]

I covered a Foo Fighters tune "My Hero" about 4-5 months back on "Nowhere" and I dont think it was ever taken down. I even had a link here for people to review it.

Thats because waldo didnt catch you.It's a violation of the terms of service at nowhereradio to post covers without permission from the copyright owner.

 

[DimChandeliers]

I think it would be cool to be able to compare and discuss cover songs in here. Remember, I'm talking about major artist covers.
Covering a member's song (the cover challenge) is a cool thing in it's own right, but to completely rework a song that everyone knows would make for great listening and great discussion.
I guess the main problem is finding a place to upload the songs - you'd have to have your own webspace.

 

[Slackmaster2K]

You can certainly post links to cover tunes and discuss them here. You're right though, finding hosting is the key issue. A regular ISP/webserver would be the best bet.

We've had quite a number of cover songs in here...it is kind of cool to listen to them IMO.

Slackmaster 2000

 

[Terry Wetzel]

Terry Wetzel buts in...

I've done a couple covers, (and added tracks, etc) as have many others here, of other contributors to the mp3clinic. I didn't ask permission first, nor do I expect that the majority of people asked permission first either. However, I am sure that there are some that probably did. My take on this is that this is an informal enough arena for posting, and non of us are really "rock stars" that we are stealing something and making a buck off of it....or whatever else. Infact, I would bet you could count on one hand, the number of people making money off their original music that frequent this clinic. Personally, I kinda like the "susprise" aspect of it, and feel that covering someones tune is more a compliment, than a negative. However if I am waaaay in the minority, I will stop [maybe!], being so impulsive..... ha!

Hi, I'm new to the MP3 and would like to say that I have put several covers up on my own site on myspace. it was my understanding that they can't be downloaded as in ripped and burned. If that is so would that make the legal difference? several members here have told me that it is not against the law to record other peoples songs, even without permission as long as it is not being done for profit . However the Myspace copyright section disputes this. What's a person to do? Who is right and who is wrong? As a lifelong musician who, years ago had record releases in the United States and Europe with my former band and then later discovering we had been had, I am totally against "free music".

 

[Llarion]

Hi, I'm new to the MP3 and would like to say that I have put several covers up on my own site on myspace. it was my understanding that they can't be downloaded as in ripped and burned. If that is so would that make the legal difference? several members here have told me that it is not against the law to record other peoples songs, even without permission as long as it is not being done for profit . However the Myspace copyright section disputes this. What's a person to do? Who is right and who is wrong? As a lifelong musician who, years ago had record releases in the United States and Europe with my former band and then later discovering we had been had, I am totally against "free music".

It's not an infringement to record a cover. It *is*, however, an infringement to post for public consumption a cover tune that you have not duly licensed. When you pay the licensing fee to record a song, you're paying for the right to put the song out on your recorded media. It makes no consideration regarding actual SALES.
FAQ:
http://www.harryfox.com/public/infoFAQMechanicalLicensing.jsp


There is now a second license for electronic distribution, which likely covers what goes on in here.
Here's the FAQ on digital licensing:
http://www.harryfox.com/public/infoFAQDigitalLicensing.jsp


Is it ever enforced? Not too much. Can someone sue you for infringement? Yep. Whether or not they do depends on the greed and hunger of the owner of the publishing rights. In most cases, nobody ever cares, it's publicity, and not worth going after. But lemme tell ya, NEVER post an Eagles cover. Their publishing company is ruthless. I almost had my Youtube account shut down because I had a video posted of a bunch of us just singing together at guitar camp, and we'd sang the Eagles "Take it to the Limit" - and they ordered the video removed and threatened me with action. So I'm never playing another Eagles tune as long as I live.

 

[antichef]

Yeah - I go pay the HFA a few bucks when I want to put a cover up for download. Doesn't cost much, but that's because nobody downloads my covers - it all works out.

 

[Chili]

I almost had my Youtube account shut down because I had a video posted of a bunch of us just singing together at guitar camp, and we'd sang the Eagles "Take it to the Limit" - and they ordered the video removed and threatened me with action. So I'm never playing another Eagles tune as long as I live.

Guitar camp?? Eagle's tune?? Were you drunk?? That's probably the reason they came after you.

Hey Terry, like I wrote in a pm, no one is going to check if you have secured a license to cover a tune and post it. (except, evidently, the Eagles).