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Old 04-01-2010, 01:29 AM
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concert question

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ok well ive never played in a concert but im gonna play in that battle of the bands in my town in june, my question is can me and my bandmates get sued or something for covering another band's music with out permission? this is prolly a total noob question but i really dont know. were looking to do some beatles songs and idk if we win any money playing songs if some lawyer is gonna hunt us down or what
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Old 04-01-2010, 08:00 AM
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Provided that the venue has all of their P.R.O. (BMI, ASACAP, SESAC) licenses up to date then you have no worries.
In the event that they don't, it's their neck on the line and not yours.
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Old 04-01-2010, 10:03 AM
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so either way me and my bandmates arent at fault? sweet, thanks
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Old 04-01-2010, 10:10 AM
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That is how I understand it.

This is from the FAQ's on the BMI website:
Q: If Musicians Are Playing Live Music, Aren't They Responsible For Public Performance Fees?

Since it's the business or organization that's benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. This responsibility cannot be passed on to anyone else even if the musicians hired are independent contractors.


About the only exception I can think of would be a public performance where you, or the band, are the host/promoter. In that event you would be responsible. As long as it's someone else's event, the venue/host is responsible.
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Old 04-01-2010, 10:16 AM
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so lets say my band is hosting a gig, who would we contact the bmi? ive never heard of them
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Old 04-01-2010, 11:25 AM
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BMI's web site has info on who to contact for licensing and fee payment.

"Please contact us at 888-689-5264 or email us at glentgroup@bmi.com for further assistance."
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Old 04-01-2010, 11:53 AM
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Another thing to remember, BMI doesn't license every song, nor does ASCAP.. if you're playing songs from both you'd need a license from both. The published music or album/CD sleeve will have that information listed. Or, I think you can search the site for the title.

IE Since you mentioned Beatles covers earlier, I searched BMI for Beatles songs and they represent 207 of them listed alphabetically here.
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Old 04-01-2010, 12:47 PM
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I really doubt anyone keeps track of bands playing cover songs. Go into any bar/club/beach show/cruise or free concert anywhere in the world and there is a local band playing covers. If you wanted to record one, or billed yourselves as a cover band, you might face infringement rights, but I wouldn't worry about a few different songs at a small venue. If it were illegal and the laws were inforced, most of us on TB would be in jail right now!
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