Yup.. most likely copyright violations... not the same as public performance of another's song.
and to add to the end of your statement ".....at a venue that pays for the right to have cover music played"
Yup.. most likely copyright violations... not the same as public performance of another's song.
Your worry may be unfounded. Your band is guilty only if it is the organizer/venue of the event where the cover song is performed. It is the venue's/organizer's responsibility to report the played songs and pay the appropriate fees.
Based on the ton of research I did, you are correct. The band "could" be held liable if the venue doesn't have a license. Bit in reality, ASCAP is not going to go after some cover band that [on average] very makes little money. Not worth their time, not worth the bad publicity, so they go after the venue.I was under the same impression. But after some Googling... I think the band could be responsible if the venue does not have any license agreements with any royalty management organizations.
Bottom of page 8:
http://escholarshare.drake.edu/bitstream/handle/2092/1591/05. Copyright and Music.pdf?sequence=36
Richard
Based on the ton of research I did, you are correct. The band "could" be held liable if the venue doesn't have a license. Bit in reality, ASCAP is not going to go after some cover band that [on average] very makes little money. Not worth their time, not worth the bad publicity, so they go after the venue.
Now, if you decide to put your version of a song (or songs) on a CD and sell them at gigs? Yes, they will come down hard. Last time I checked, it was something like 28 cents per song per CD for royalties.
heck, even cover bands are doing "worse" by not paying royalties to the original artists where they are "stealing" their music every time they perform covers live. We play a cover track pretty much ever show... so my band is guilty of this...
"We have ALL fallen short of the Glory of God..."
@billmeedog - with the exception of performing a copyrighted work in a venue that has no agreement with any performing rights organization. Under those conditions the performer could be liable for royalty payment to the copyright holder.
Possibly, but you could also put it in your contract that it is the venue's responsibility to pay all royalty charges to ascap, etc and you the performer hold no responsibilities.
I REALLY doubt they will come after any coverband just playing covers, and not recording, posting, selling etc the stuff. They will go after the venue, since that is where the bigger money and worse violation is.
We as performers are holding the assumption that since the venue did not state "Original Music Only", then they pay the required fees to allow cover music to be played. I have been in a club that required only original music. They had no juke box, no DJ, only live original music. Not sure if it was an illegal thing they had going or not, but you signed a paper stating all original.
So all in all... the absolute, positively, undeniable answer about whether or not a (cover) band is "breaking the law" when performing an "unlicensed" cover song is a big... fat... maybe... awesome! So in the end... the artists get screwed and the the lawyers win!
I guess since we live in a country that imports everything from china with workers that get paid pennies a day... musicians should feel right at home with their royalties!
Damn... you guys are hardcore!
But in reality... his "request" is no different that someone stealing office supplies (pen, paper, etc) from work... downloading music... downloading movies... heck, even cover bands are doing "worse" by not paying royalties to the original artists where they are "stealing" their music every time they perform covers live. We play a cover track pretty much ever show... so my band is guilty of this...