[WTA] Rules & Regulation of Covering a song?

[gecko zzed]

For interest, this is the message that I got after posting the van morrison cover video:

Hi geckozzed,

We hope you're well and, by way of introduction, Web Sheriff represents Exile Productions, Exile Publishing and Exile Films in relation to the administration and protection of Van Morrison's on-line rights.

Were writing to you in respect of your Van related clip ... .. you might not be aware that, in order to post your footage incorporating Vans music - and assuming that you are not re-arranging or adapting Vans songs you actually require a license from Exile's and Van's publishers / sub-publishers, which, unfortunately, is more complicated than you might imagine.

That being said - and having secured special, fan exemptions / automatic, copyright clearances - we are very happy to be able to inform you that, subject simply to providing an industry standard, courtesy credit, we shall now be able to provide you with direct permission to keep your Van clip on YouTube (and, indeed, any other clips featuring Vans music, provided, again, that the lyrics and arrangements are not changed - as this would require yet further clearances and, of course, the consent of the author himself). The text of the credit should simply say :

" Copyright music and lyrics reproduced by kind permission of Exile for original, exclusive performances by Van Morrison, check-out the official channel at www.youtube.com/officialexilefilms <https://www.youtube.com/officialexilefilms> ."

and this should be prominently displayed at the very beginning of your description of the clip. For your info an increasing archive of exclusive, film footage of VM performances is now available for fans and YouTubers on this channel.

We are writing to you directly, as a fan, in order that your account does not get suspended or terminated by YouTube. Also, this permission is conditional / revocable, so we would kindly ask you to ensure that your clip and the accompanying wording is not rude or obscene and that it does not infringe Van Morrisons moral rights in his music and lyrics.

For the avoidance of doubt, this permission ONLY applies to the use of Van Morrisons music in conjunction with your own, appropriate footage and NO permission shall be granted for the use of Exile copyright footage or audio, or footage / audio that actually features Van Morrison.

We'll look forward to hearing from you should you have any queries and, meanwhile, many thanks for understanding and respecting the artist's and label's wishes. For your info, up-to-the-minute news on Vans latest album - Keep It Simple - and 2008 shows is, of course, available on VanMorrison.com <http://www.vanmorrison.com> and www.myspace.com/vanmorrison <http://www.myspace.com/vanmorrison> and, for a limited period, you can still see Van's exclusive BBC sessions at http://www.bbc.co.uk/musictv/vanmorrison/video/ .

In the event that your cover video is removed because you haven't logged-on to your account and read this message, please let us know asap once you have logged-on and we shall be more-than-happy to help you to reinstate your video (this time including the copyright credit) ; for which many thanks.

As you will appreciate, this e-mail is written on a without prejudice basis and, as such, all of our clients' accumulated, worldwide rights and remedies remain strictly reserved : please excuse this required formality. This communication is also confidential and copyright - and, again, without prejudice - and, as such, all communication to third parties (other than, of course, your legal representatives) is strictly prohibited : please excuse this further formality which, hopefully, we'll soon be able to dispense with. : )

With Thanks & Regards,

WEB SHERIFF

 

[Chili]

Damn, that sucks. Thanks for the heads up. I'm almost positive most of the "venues"(bars) I play don't have that license

I remember seeing ASCAP and BMI stickers on the doors of many bars I've ventured into. But that's in Austin, which is a 'music town'. Next gig, ask the manager. Ultimately, it's the musicians' responsibility to ensure the royalties are paid. There's a good write-up on ASCAP's or BMI's website, I forget which, about licensing.

 

[Chili]

For interest, this is the message that I got after posting the van morrison cover video:

Hi geckozzed,

We hope you're well and, by way of introduction, Web Sheriff represents Exile Productions, Exile Publishing and Exile Films in relation to the administration and protection of Van Morrison's on-line rights.

Were writing to you in respect of your Van related clip ... .. you might not be aware that, in order to post your footage incorporating Vans music - and assuming that you are not re-arranging or adapting Vans songs you actually require a license from Exile's and Van's publishers / sub-publishers, which, unfortunately, is more complicated than you might imagine.

That being said - and having secured special, fan exemptions / automatic, copyright clearances - we are very happy to be able to inform you that, subject simply to providing an industry standard, courtesy credit, we shall now be able to provide you with direct permission to keep your Van clip on YouTube (and, indeed, any other clips featuring Vans music, provided, again, that the lyrics and arrangements are not changed - as this would require yet further clearances and, of course, the consent of the author himself). The text of the credit should simply say :

" Copyright music and lyrics reproduced by kind permission of Exile for original, exclusive performances by Van Morrison, check-out the official channel at www.youtube.com/officialexilefilms <https://www.youtube.com/officialexilefilms> ."

and this should be prominently displayed at the very beginning of your description of the clip. For your info an increasing archive of exclusive, film footage of VM performances is now available for fans and YouTubers on this channel.

We are writing to you directly, as a fan, in order that your account does not get suspended or terminated by YouTube. Also, this permission is conditional / revocable, so we would kindly ask you to ensure that your clip and the accompanying wording is not rude or obscene and that it does not infringe Van Morrisons moral rights in his music and lyrics.

For the avoidance of doubt, this permission ONLY applies to the use of Van Morrisons music in conjunction with your own, appropriate footage and NO permission shall be granted for the use of Exile copyright footage or audio, or footage / audio that actually features Van Morrison.

We'll look forward to hearing from you should you have any queries and, meanwhile, many thanks for understanding and respecting the artist's and label's wishes. For your info, up-to-the-minute news on Vans latest album - Keep It Simple - and 2008 shows is, of course, available on VanMorrison.com <http://www.vanmorrison.com> and www.myspace.com/vanmorrison <http://www.myspace.com/vanmorrison> and, for a limited period, you can still see Van's exclusive BBC sessions at http://www.bbc.co.uk/musictv/vanmorrison/video/ .

In the event that your cover video is removed because you haven't logged-on to your account and read this message, please let us know asap once you have logged-on and we shall be more-than-happy to help you to reinstate your video (this time including the copyright credit) ; for which many thanks.

As you will appreciate, this e-mail is written on a without prejudice basis and, as such, all of our clients' accumulated, worldwide rights and remedies remain strictly reserved : please excuse this required formality. This communication is also confidential and copyright - and, again, without prejudice - and, as such, all communication to third parties (other than, of course, your legal representatives) is strictly prohibited : please excuse this further formality which, hopefully, we'll soon be able to dispense with. : )

With Thanks & Regards,

WEB SHERIFF

That has got to be the nicest Fuck-Off letter ever!!! It's cool they'll let you keep your video posted with proper credit given.

I guess Web Sheriff is an online copyright infringement snoop company.

 

[byteme]

As you will appreciate, this e-mail is written on a without prejudice basis and, as such, all of our clients' accumulated, worldwide rights and remedies remain strictly reserved : please excuse this required formality. This communication is also confidential and copyright - and, again, without prejudice - and, as such, all communication to third parties (other than, of course, your legal representatives) is strictly prohibited : please excuse this further formality which, hopefully, we'll soon be able to dispense with. : )

With Thanks & Regards,

WEB SHERIFF

I hope you informed the sheriff of your plans to post this communication here! hahahahaha

 

[grimtraveller]

That e~mail was so reasonable.
I wish some traffic wardens were as polite while hanging the sword of Damocles over one's head.

 

[bruiser1964]

Van's a grumpy litigious B#=&*^%d - we normally do pub gigs but did a big festival in the summer and had to fill in PRS disclaimers naming all the songs and owners of the work...

 

[muttley600]

I don't know how many festivals you do or are involved with but that is standard practice. With good reason the organisers have to pay PRS and with the increasing amount of digital piracy songwriters and rites owners are having to look for other revenue streams. It will only get more rigorous as time rolls on.. At the end of the day why should owners and producers of an intangible product not be able to get a return on their efforts and/or investment?

 

[grimtraveller]

Van's a grumpy litigious B#=&*^%d - we normally do pub gigs but did a big festival in the summer and had to fill in PRS disclaimers naming all the songs and owners of the work...

That's like an out of work millionaire grumbling because they had to pay prescription charges !

 

[Armistice]

You'd think the web sherriff could spell "Van's" properly if they were really acting on his behalf....

 

[muttley600]

That's like an out of work millionaire grumbling because they had to pay prescription charges !

Not really, The higher up the food chain you go the more tasty you look to the main players. When people profit from your work so should you. Thats life. My suggestion when I hear these sorts of tales is always, if you don't like it go and write a better tune than "Moondance".... Most people get stuck with that bit.

 

[gecko zzed]

Not really, The higher up the food chain you go the more tasty you look to the main players. When people profit from your work so should you. Thats life. My suggestion when I hear these sorts of tales is always, if you don't like it go and write a better tune than "Moondance".... Most people get stuck with that bit.

I agree. There seems to be a tendency these days for people to regard the rich as fair game; that somehow it isn't fair that they should be rich while you are poor. This Robin Hood mentality ignores the effort, innovation and creativity that creates wealth, and presumes that all rich people have become so undeservedly (which means it's okay for you to take what they've got).

 

[bruiser1964]

I wasn't disputing Van the Man's hard earned and well deserved wealth and fame - he is a legend. But if I had a tenth of his talent, I'd be bloody pleased with myself, not a grumpy git.....

 

[bruiser1964]

I don't know how many festivals you do or are involved with but that is standard practice. With good reason the organisers have to pay PRS and with the increasing amount of digital piracy songwriters and rites owners are having to look for other revenue streams. It will only get more rigorous as time rolls on.. At the end of the day why should owners and producers of an intangible product not be able to get a return on their efforts and/or investment?

That was our first big festival, I totally agree with paying for the tunes used - we should all prevent theft of copyright if we want any kind of future for music as we know it.

 

[muttley600]

I wasn't disputing Van the Man's hard earned and well deserved wealth and fame - he is a legend. But if I had a tenth of his talent, I'd be bloody pleased with myself, not a grumpy git.....

I have to say I've been unlucky enough met him twice and I couldn't possibly confirm or deny.

 

[stevieb]

Damn, that sucks. Thanks for the heads up. I'm almost positive most of the "venues"(bars) I play don't have that license

Here's how it usually works:

Club owner decides to have live music, hires one or more bands.
Band(s) draw the crowds (presumably.)
ASCAP/BMI licensing agent either gets wind that bands are playing at said bar, or does his/her homework and learns about it. Agent drops in one day, button-holes club owner and lays it out for him- either buy the license or face legal action, which will almost certainly come, given the hundreds or thousands of artists ASCAP or BMI represents.
Club owner grumbles and swears, but ultimately caves/does what's right, and pays for the license.
Sticker goes on the door.
Everybody's happy, except the club owner, who is a evil, foul-mouthed, cranky old git who is never happy except when he is screwing the band out of their pay for the night.