Recording Cover Tunes?

[Stixxs]

Hi all,

Not sure if this is the correct category...

Here goes...got a band doing verse/chorus tunes, about 7-8 of them to
distribute to local clubs to drum up business.

Can anyone shed some light on the legal aspect of this? These are strictly for
DEMO purposes NOT to be sold...plus not really sure anyone would want a quick verse/chorus CD and actually pay for it.

Thanks

[albee1952]

I can't comment on the legality of it, but I can tell you its common for cover bands and is done by most. Since its not for sale, and the clubs pay BMI, Ascap and whoever, I don't see anything wrong with it(I'm not an attorney, but I did stay at a Holiday Inn Express last night)

[TOM@METRO]

Technically it's not legal, copyright laws specify "even if not for profit". On the other hand, I have never known of anyone getting busted for it when used for this purpose.

[Julia B]

=< 30 seconds per song and you're good. That's okay under "fair use" to the best of my knowledge.

[necjamc]

I have been doing it for 15 years and no one has said boo. And a good portion of the places I play request it. The idea behind it being for self promotion solely for the club owners ears, should never give you any problems. We have songs done live on our myspace and never had any one say a word. But we always list the original artist in the listing.

[ondruspat]

Hey necjamc, interesting that you have cover songs up on Myspace without any issue. I've wondered about their handling of copyright issues. I've gone rounds and rounds with them with a song I posted on my Moralchaos site called "Blessed Domain".

They have refused (for years now) to let me post that song citing "copyright violations", even though I wrote, performed, and own the copyright (filed with the Library of Congress) to the song. After repeated atempts to clear up the issue with Myspace I finally just put the song up on the web through Tuncore and said to heck with them over that song.

That being said, I've heard that licensing for cover songs is not difficult (or expensive) to obtain.

[necjamc]

From a legal standpoint I can't say and I'm unsure what's up with myspace. Search fear liston and take a look. But I'm sure there are legalities

[Stixxs]

OK great...

Damn most tunes are like 1:15 ...Here's hoping it's covered under the BMI Ascap bar fee.

[necjamc]

Originally Posted by Stixxs

OK great...

Damn most tunes are like 1:15 ...Here's hoping it's covered under the BMI Ascap bar fee.

Just don't market them, or try to sell, etc. If your giving them to clubs, I wouldn't worry because your not using them as your own. But I wouldn't start selling CD's at shows. I have 3 CD's of cover songs we've done, but we gave them to family etc not everyone.

[ondruspat]

Stixxs, just like the other posters are saying, recording CDs of demo cover songs for club owners and the like is not that big of deal. Most club owners want to hear what the bands do, and most bands make recordings of covers for them.

Now if they ever want to sell or distribute the covers have them have the bands get the proper permissions. In any case the burden falls upon the band recording the material, not you as the recordist. Someone can hire you to record anything, you have no control (or responsibility) over what they do with it.