What are the copyright rules here?

[banjo71]

Can I upload a song that belongs to Arthur Hamilton (Cry Me a River) if it's done at my studio by some friends of mine? I know some forums cover you for BMI, ASCAP, and SESAC. That's why I'm asking...

 

[guitarplayr82]

Hey man, I don't know the official rules here, but it's generally pretty loose as far as posting cover songs go. I've posted covers and have seen many other people post covers here and I've never seen anybody get in trouble. I say go for it!

 

[VomitHatSteve]

I dunno... Let's check the ToS!

You agree not to ... Violate or infringe any right whatsoever including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

Oh. Hmmm...

These Terms of Use, and your relationship with P.BORDAS under these Terms of Use, shall be governed by the laws of the France

I'm not sure what that means as far as copyright law.

Ok. Well that wasn't very helpful.

However, I've seen plenty of covers uploaded here, and no one seems to have complained yet.

 

[ecktronic]

You own the recording of that song you recorded, but you do not own the writers rights since you did not write it. So it is illegal to post without the writers agreement.

G

 

[Steenamaroo]

ecktronic has it. You'd have to get permission to record (or perform) anything that someone else owns the copyright to.

That's why every time any of us does a gig, we submit and full detailed cover list to the licensed establishment!

 

[moresound]

You can post anything you want here as long as you send it across my desk first. With a $100. bill of course.

 

[ecktronic]

ecktronic has it. You'd have to get permission to record (or perform) anything that someone else owns the copyright to.

That's why every time any of us does a gig, we submit and full detailed cover list to the licensed establishment!

When you play a cover song in a venue, the venue pays the royalties to the writers for the use of that song. In the UK we use The Phonographic Performance Limited (PPL) for this.

So you are meant to give the set list to the venue so they can put it in their PPL form and send off to ensure the writers of those songs get their money.

G

 

[Lt. Bob]

ecktronic has it. You'd have to get permission to record (or perform) anything that someone else owns the copyright to.

actually you don't have to get permission ..... you simply have to pay the licensing fee .... whatever that may be.
Anyone can record any song, whether for this site or to put on a commerical album as long as they pay the fees.
They had an interesting show on NPR with a couple of copyright attorneys and it was surprising to me how much I was , well .... surprised by.

 

[Lt. Bob]

When you play a cover song in a venue, the venue pays the royalties to the writers for the use of that song. In the UK we use The Phonographic Performance Limited (PPL) for this.

So you are meant to give the set list to the venue so they can put it in their PPL form and send off to ensure the writers of those songs get their money.

G

yeah but no one does that .... at least not here in the states. Maybe in some real industry town like Nashville or LA but out in the wide world the clubs don't even pay the BMI or ASCAP fees. For 40 years I've played clubs that would comment on BMI and/or ASCAP being after them to join. Basically none of them did. I currently play a place that has been having music for years and he joined ASCAP but said screw you to BMI and they bug him a little but that's about it.
And in maybe 15,000 gigs I have never, not one single time, had a club ask for a list for these reasons nor have I even known any bands that provided lists for this purpose.

UK and USA are way different in this I guess.

 

[toad_uk]

UK and USA are way different in this I guess.

I live in the UK and have never been asked for a set list - that's in pubs and smaller clubs. I think in the UK the venue pays for a licence but don't have to list individual songs, I think

I have some recordings and songs which I co-wrote with some others, who I have lost contact with - do I need to get permission from all the cowriters in order to use, upload the songs?

Another question - I have song which I wrote all the music for, and then someone else wrote a rap for. If I use the original version of the song which had my lyrics, do I have to get permission from the guy who wrote the rap?

 

[Lt. Bob]

I live in the UK and have never been asked for a set list - that's in pubs and smaller clubs. I think in the UK the venue pays for a licence but don't have to list individual songs, I think

I have some recordings and songs which I co-wrote with some others, who I have lost contact with - do I need to get permission from all the cowriters in order to use, upload the songs?

Another question - I have song which I wrote all the music for, and then someone else wrote a rap for. If I use the original version of the song which had my lyrics, do I have to get permission from the guy who wrote the rap?

I'm npt positive plus I live in the US but I think you just have to credit them for their contributions.

 

[Steenamaroo]

actually you don't have to get permission ..... you simply have to pay the licensing fee .... whatever that may be.

Yeah, you're right. 'Permission' is a bit misleading.

I remember reading about a guy who wanted to do a cover album with all the appropriate fees paid.
Many of the songs weren't listed with Harry Fox or whoever it was, so he did have to go and get permission.
That's probably rare enough though.