Copywrite Law Question

[John]

I was just talking to a friend of mine who went & saw someone play, but was disappointed because the performer could not perform any of his hit songs because of copywrite law.

Bands play top 40 hits all the time in bars.

How does this work?

- John O.

[Enigma™]

All depends on who's getting paid or not... If you make money off of something, then royalties are sent. If not, then nothing to worry about :)
I even asked JR if I'm allowed to play his stuff live and he was like sure, but when I start getting famous and making money, royalties would have to be paid for it. :)

I don't know the details, if it's an AMOUNT or percentage or what, but that's the basic idea.

[Georges]

It is not only a percentage. Basically, anyone who is publically covering a song has to declare the concert and pay royalties. The sum depends on the number of audience, the number of songs covered, their authors, the celebrity degree of the songs, etc..

Whatever, the best is really to inform yourself at a specialized website or at one of the websites the copyright agencies such as GEMA, SACEM, etc. There you'll find information about what to do, how it works,etc. This forum is not really the place for legal advice questions because JR's forum could be held liable in the worst case, no matter what's written in its disclaimer policy.

[Caio]

And remember that copyright law may be really different from country to country...

[John]

Well that's funny. I seriously doubt that the bands playing top 40 music in bars (or the groups playing top 40 and disco music at weddings) are sending in royalties. There must be something more to it.

Many groups do there own takes on songs. In fact that's a part of what Jazz is all about; Taking a song and creating your own unique flavor. So are all those Jazz groups, playing in clubs and on the streets, across the country paying royalties. I don't think so. So If I record my own arrangement of "Misty" and sell alblums at my gigs, I'm suppose to send someone a royalty?

Every year the college brings in a studio musician to perform with the group at a concert. Many of them have alblums with standards on the alblum. I'm going to ask if they have to pay royalties.

Seems confusing,

John O.

[John]

Also, what about all those millions of MIDI files available over the net?

[Enigma™]

Well that's funny. I seriously doubt that the bands playing top 40 music in bars (or the groups playing top 40 and disco music at weddings) are sending in royalties. There must be something more to it.

Obiously - but again I said I think it has to do something to do with an amount. Think about Me covering a pop song in a bar. There'd be what, max 100-200 people there? I'd make either nothing or POSSIBLY 100$ that night. The royalties on 100 would be... like 1.43$? If that. On top of that, I don't think they collect royalties on anything less than say, 1000$ pay for example. If you get paid less than that, then no worres.

Now imagine someone like Sting or U2 covered someone else's song and made over 250,000$ in one night. Wonder why they'd be charging royalties then? Hell, I would too!

Many groups do there own takes on songs. In fact that's a part of what Jazz is all about; Taking a song and creating your own unique flavor. So are all those Jazz groups, playing in clubs and on the streets, across the country paying royalties. I don't think so. So If I record my own arrangement of "Misty" and sell alblums at my gigs, I'm suppose to send someone a royalty?

Technically by recording an album with someone elses' music on it, then yes you would depending on how many you sell. Not everyone does it, but then again not everyone crosses the street at a crosswalk either.
In most cases you can get away with it but it still doesn't mean it's "right"

Every year the college brings in a studio musician to perform with the group at a concert. Many of them have alblums with standards on the alblum. I'm going to ask if they have to pay royalties.
Good idea :) Get knowledge from someone who knows!

Seems confusing,

When is law NOT confusing? :D

Also, what about all those millions of MIDI files available over the net?

You just answered your own question. Midi files AVAILABLE - Meaning they're downloadable? Midi files are made by people, not performed. They're free, you don't *or shouldn't* have to pay for them, and they may not be accurate either.

I did a search for a link, didn't come up with anything though :(

8)

[John]

That kind of makes sense to me.

Thanks Enigma,

John O.

[Taurus]

What happened when DT covered Master Of Puppets?

[Enigma™]

I think metallica was too busy suing 14 y.o kids...

[Lyngs]

LOL :lol:

[axlhog]

Hey guys, basically, you're missing part of the puzzle, that being the ASCAP/BMI/SESAC part. You see, it's not the ARTIST who covers a song at a club and has to worry about it, it's the OWNER of the VENUE. I play restaurants and clubs and such, and each club owner is responsible for paying annual dues to ASCAP/BMI (a couple thou a year, blanket fee). You see, it's all ARTISTS' (not you the cover-er, but those who create original works) responsibility to affiliate with one of these rights societies, and as a member, the artists are taken care of by all the dues that all clubs, restaurants, arenas, etc., pay TO the SOCIETY. In turn, the society takes all that money and redisperses it to all its' members. How do they decide who gets how much? Well, obviously that's much more complicated, that's when all the variables like level of stature, sucess, etc., comes into play. I'll just leave it at that, I hope that atleast clears up a chunk of the issue, I know it doesn't explain all of it. I'm a bit more clueless when it comes to recording a cover, though I know technically there needs to be an arrangement and permission worked out between the cover-er and the writer....

Doug

[hephiroth]

yeah, axlhog is right...bar owners know about and are used to paying some sort of royalties to organizations like BMI...so it's really not something you would have to worry about as an artist unless you were like hosting your own shows that were REALLY drawing in a lot of people...it's just not worth it for a big artist to come after a band playing covers in a park or something...but it's a little different for a bar that draws in people by having cover bands play all the time

-jeff-