Legal rights of a copywrited song ?

  • Thread starter Thread starter TimPop
  • Start date Start date
T

TimPop

New member
Ok, Question. Lets say a band decides to record a Beatles song, they put it on their cd without permission and totally ignores any copywrite laws. Can they get in trouble and how should it be reported ?
 
I think the real question is, what did someone in this band do to you that you now want to bust them? :p

Michael Jackson owns most of the Beatles catalog, and he's so desperate for money that he's probably got lawyers out looking for stuff like this! :D

P.S. It's spelled "copyright."
 
The way I understand it, and I could be wrong because I often am, is you don't need permission from the copyright holder. All you really need to do is pay the mechanical rights and you're alright. But if I were the person using the song, I would do everything I could to secure the permission from the writer and/or the copyright holder. Just the honest way of doing things, ya know.
 
yes you would need to obtain a mechanical license. however, by obtaining this license and paying the fee you will essentially be asking permission from the copyright owner. What you need to do is talk to an agency like the Harry Fox Agency. These people are in charge of collecting fees for the publishers of the original song and issue these licenses. Most likely the copyright owner has given permission for the Harry Fox Agency to do this. If for some reason, they have not (I know the Beatles are extremely strict on people using their material and may have a relationship/contract with Michael Jackson to not allow anyone to use their material), the agency will tell you that you cannot.
I think if you want to do a remake of a song, you also need to get a compulsory license. This is only in the US and I think the government gives these out. And you are charged per record you distributed rather than per minute like mechanical licenses are. :cool:
 
What Benny has told you is essentially true. The mechanical license will cost 8 cents per copy or 1 cent per minute, whichever is greater. The minimum that a mechanical license will be issued for is 500 copies. The financial liability if they are caught is $200,000 per release, so if they put it on 2 different albums, double that. And yes, they can go after your house to pay for it.-Richie
 
1. I dont mean to sound silly or disrespectful. But, why would a "band" be playing some one else's music? Granted, hip hop (my forte) likes to sample . . . but I thought bands were, by nature, based on completely "original" compositions. Aside from that, with all the money involved with these licenses, it hardly seems worth it, to play other folks' music.

2. So you mean to tell me, when I go to some restaurant on the weekend and they h ave some band (unknown to me) that places a Beatles song or a Sting song -- that band has already paid the original band? Or they are just doing their thing ?
 
gullyjewelz said:
1. I dont mean to sound silly or disrespectful. But, why would a "band" be playing some one else's music? Granted, hip hop (my forte) likes to sample . . . but I thought bands were, by nature, based on completely "original" compositions. Aside from that, with all the money involved with these licenses, it hardly seems worth it, to play other folks' music.

2. So you mean to tell me, when I go to some restaurant on the weekend and they h ave some band (unknown to me) that places a Beatles song or a Sting song -- that band has already paid the original band? Or they are just doing their thing ?
Click to expand...

1) Jazz bands, orchestras, novelty acts, cover bands, blues bands, almost every band or artist i know plays other people's music. Best way to learn about music. Some record other people's music. Famous people even do it.
Jimi Hendrix's version of Bob Dylan's "All Along the Watchtower" is one of hundreds of examples.

2) Bars and restaurants pay blanket royalties and fees to allow bands to perform other people's music in their establishment.
 
Boingoman is essentially correct. Almost everybody records a cover at some time or other. Generally, small restaurants and bars don't usually pay ASCAP and BMI, and occasionally they get caught, like a tax audit. Larger venues, like Hard Rock Cafe, etc. pretty much have to pay because ASCAP and BMI send reps to check up on them. Yep, it's real. You have to pay to play and record other people's songs. Mostly, if you are small time, no one cares. God help you if you become big time, because it can come back to haunt you.-Richie
 
whew

this world of music

learn some thin new every day

whew

lol
 
here's a related question I have....

Suppose as part of a band I record another person's song. Said recording is never released. I then post a clip of the song on a website strictly to demo my own work relating to the recording. Am I in a bad spot?
 
Richard Monroe said:
Boingoman is essentially correct. Almost everybody records a cover at some time or other. Generally, small restaurants and bars don't usually pay ASCAP and BMI, and occasionally they get caught, like a tax audit. Larger venues, like Hard Rock Cafe, etc. pretty much have to pay because ASCAP and BMI send reps to check up on them. Yep, it's real. You have to pay to play and record other people's songs. Mostly, if you are small time, no one cares. God help you if you become big time, because it can come back to haunt you
Click to expand...

Playing something live is different than putting it on your CD. If you're playing live, it's the responsibility of the venue to pay the royalties. If you're putting out a CD, it's your responsibility.

It's also a different royalty...performance when you play live and mechanical when you put something out on CD.
 
from the hip hop sampling aspect.
if you sample someone.......lets say erekah badu.
you use a sample of some vocal riff you cant SELL it.
songs i end up using with samples on it i give away as promotional stuff.
same with live you sample a jimi hendrix riff or some bob marley guitars.....
save it for a live show. i've never heard of someone seeing litigation over that.
 
Richard Monroe said:
What Benny has told you is essentially true. The mechanical license will cost 8 cents per copy or 1 cent per minute, whichever is greater. The minimum that a mechanical license will be issued for is 500 copies. The financial liability if they are caught is $200,000 per release, so if they put it on 2 different albums, double that. And yes, they can go after your house to pay for it.-Richie
Click to expand...

Unless you have filed the Homestead Exemption on your house.
 
I believe Seeker is correct, at least in the Commonwealth of Massachusetts.-Richie

I also forgot to mention that it is *really* stupid to expose yourself to $200,000 worth of legal liability for something you could have bought for $90.
 
Wait... doesn't "mechanical rights" pertain to the original recording? If a band covers somebody else's music, what do mechanical rights have to do with anything?
 
No, Eddie. Mechanical license and mechanical royalties pertain to any use of copyrighted material for any purpose. It is mechanical, because registering the song allows the material to be used without the express written permission of the copyright holder by paying a standardized fee.-Richie
 
ok, another related question;

i'm gonna organize a Live gig,a "little festival" where 5 bands will play,
its all underground, sucky bands, sucky PA installation, nothing big

i will be organizing everything, so i assume i'll have to pay SABAM ('im from europe),

naw, is there a "safe" way to get around this SABAM shit?

for example, if i make an entire PRIVATE party of it, so only people with an invitation can get in,,,,,then its not a Public event, right?

or is this just waaaaaaay too simple?

and if all the bands play their own songs, not ONE cover,
do i have to pay for any sabam-organisation or so?

i've been reading about it, but finding the correct information goes real slow,
so any suggestions are appreciated !!!

cheers,
earworm
 
You must log in or register to reply here.
Back
Top