Covers - Legal?

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Shakuan

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Quick questions...

Is it legal to record covers of some popular bands and put it on your own album? And is it legal to put covers you do on the web?
Would I have to ask the band before doing that? Is there anything I would have to pay?

What are the policies concerning covers? Thanx
 
Shakuan said:
Is it legal to record covers of some popular bands and put it on your own album?
Yes -- but only if you pay mechanical license royalties.


And is it legal to put covers you do on the web?
Yes -- but only if you pay mechanical license royalties.


Would I have to ask the band before doing that?
Sometimes -- most times though, you go thru an agency like Harry Fox.


Is there anything I would have to pay?
Yes... the mechanical license fees from which the original artist will get royalties.


What are the policies concerning covers?
The policy is - if you plan to release a cover, then you need to get a mechanical license from Harry Fox.
 
I understand if you wanna make any money from a cover you need to pay mechanical fees, but if you just wanna put it on the web for free... do you have to pay too?

And I read the Harry Fox agency licensing section and I can't find the prices... :\
 
Shakuan said:
I understand if you wanna make any money from a cover you need to pay mechanical fees, but if you just wanna put it on the web for free... do you have to pay too?
Yes... anytime...

The original artist is supposed to get a royalty EVERYTIME the song is played, whether via public broadcast (such as radio), or via the web, or by another band in any format/media.
 
Ok thank you, it's all clear now.

So it's like driving on the highway... even tho limit is 100, everyone's illegal (xept some grandmas and weirdos) and drive 118... until they get caught, then the day after they restart.
 
ok but what if your doing a cover live at a show, and some fan tapes it and it gets leaked onto a napster type program... would you still be responsible?
 
Axis said:
ok but what if your doing a cover live at a show, and some fan tapes it and it gets leaked onto a napster type program... would you still be responsible?

I would assume you would be ok as long as you paid the fee for doing the live performance cover. The person who made the recording would be in trouble (if found).
 
Axis said:
ok but what if your doing a cover live at a show, and some fan tapes it and it gets leaked onto a napster type program... would you still be responsible?
The person who was responsible for "leaking it" would be responsible and in breach.

You're clear playing at a live show because the promoters have already paid a blanket license fee for cover performances...
 
Blue Bear Sound said:
You're clear playing at a live show because the promoters have already paid a blanket license fee for cover performances...

Blue Bear, do you know if this includes events such as open mic nights at bars and similar venues? My sons have been thinking about doing an open mic night and I'm curious to know if they have to worry about the fee or if the club owner takes care of it.
 
Bar/club-owners have to pay a blanket fee, so there should be no problem for your sons!
 
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