cover songs

[weird_rob]

What is the name of your state?
I live in the UK, not the US, but I think the laws are about the same.


Is it legal to perform covers of another band's songs live, and is it legal to record the performances and distribute them free of charge? This isn't making studio recordings of them to be sold, so I didnt know whether the mechanical licensing stuff still applied. It's kinda like it seems as though there's no point paying anything to peeps, because there's gonna be no royalties to collect or anything.

Thanks for any help,
Rob =)

 

[indyjetflyer]

What is the name of your state?
I live in the UK, not the US, but I think the laws are about the same.


Is it legal to perform covers of another band's songs live, and is it legal to record the performances and distribute them free of charge? This isn't making studio recordings of them to be sold, so I didnt know whether the mechanical licensing stuff still applied. It's kinda like it seems as though there's no point paying anything to peeps, because there's gonna be no royalties to collect or anything.

Thanks for any help,
Rob =)

It's pretty painless as obtaining rights go. Research the owner of the rights through BMI. Obtain Performance Rights from the owner. Usually an expensive copy of the sheet music and maybe a legal rights agreement. Explain to the owner the nature of your band, ie: garage band, bar band, traveling band etc., how much money you make if any. Many of the owners are pretty good about pricing (sometimes free) if you're a nobody. Then as the performer you now hold Synchronization and Mechanical rights to what you play and you can video or record it then.

I've done this for student films. Obtained Performance rights for my own band to play for the film and obtained Synchronization rights to songs as well. Everyone I've dealt with has been pretty good and everything I've used has been for free. I guess they've been generous

 

[weird_rob]

who are bmi? it's probably something really obvious, but i can't work it out.

 

[indyjetflyer]

who are bmi? it's probably something really obvious, but i can't work it out.

Broadcast Music Inc.

Basically they're the music licensing clearing house from writer to end user & listener. www.bmi.com

 

[divgradcurl]

weird_rob.

the answers you received are wrong on two counts. First, in the U.S., BMI and ASCAP (along with a couple of other organizations) are clearinghouses to purchase rights to play "sound recordings," that is, recorded music -- and that's it. If you want to obtain a license to use a "musical work" -- which is what you would need IN THE U.S. to cover a song and record it or perform it, then you go through a different clearinghouse, in this case the Harry Fox Agency.

Second, while there are similarities between U.S. and UK copyright law, they are NOT the same, and the only way you will get a CORRECT answer to your question as it applies to covers in the UK is find a site or person who is knows UK law. U.S. law can't help you here.

 

[weird_rob]

Ok. Thanks. I'll try researching somewhere else.