Cover songs on myspace... allowed?

Diggler · #1 07-21-2007, 01:34 PM

We're an exclusively covers band, but we'd like to add some recordings of our covers onto myspace.

Can we put up our own rendition of Jesse's Girl without Rick Springfield delivering us a subpoena or a cease and desist letter?

The_D · #2 07-21-2007, 01:43 PM

I am not entirely sure. I looked into it back when our band started and I dont think they allow it. I gave up on Myspace after that as it was the only reason for me starting a page

seanm · #3 07-21-2007, 03:10 PM

I'm pretty sure that the following clause disallows cover songs unless you pay the royalties.

Quote:

2. You represent and warrant that: (i) you own the Content posted by you on or through the MySpace Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MySpace Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the MySpace Services.

The reason you can play cover songs at bars is that the bar pays a royalty fee that covers the music played in the bar. But I am not a lawyer and will sue anybody who says otherwise

The_D · #4 07-21-2007, 03:23 PM

Quote:

Originally Posted by seanm

I'm pretty sure that the following clause disallows cover songs unless you pay the royalties.

The reason you can play cover songs at bars is that the bar pays a royalty fee that covers the music played in the bar. But I am not a lawyer and will sue anybody who says otherwise

Yeah that clause is as far as I went with it.

Steve · #5 07-22-2007, 06:41 AM

"Technically", the answer is no.

"Realistically", there are already a zillion posted. Including a couple from the work I do.

The worst that will happen is that it'll get flagged and pulled or you will get told to pull it.

You would have to be the unluckiest guy on the planet to be the one person to get legally hammered as an example to the rest of us wrong-doers.

IMHO

Matt Till · #6 07-22-2007, 10:50 AM

Quote:

Originally Posted by Steve

"Technically", the answer is no.

"Realistically", there are already a zillion posted. Including a couple from the work I do.

The worst that will happen is that it'll get flagged and pulled or you will get told to pull it.

You would have to be the unluckiest guy on the planet to be the one person to get legally hammered as an example to the rest of us wrong-doers.

IMHO

Exactly what I was gonna say. In fact, look at it this way: There are all these "Fan sites" on Myspace where people upload not covers, but actual recordings of the artist they are paying tribute to. Just so people can add their songs as profile songs. THOSE people will go down before you will.

I had a fan site, it was just taken down, that was it. Most of these fan sites remain active, it depends on who finds them, etc.

Go for it, odds are you'll be fine... I've seen a few local cover acts upload their covers and their site has been active for 2 years or so.

i_got_a_mohawk · #7 07-22-2007, 10:54 AM

We've had covers on our myspace for years, nobody seems to care

seanm · #8 07-22-2007, 05:32 PM

Quote:

Originally Posted by Matt Till

I had a fan site, it was just taken down, that was it. Most of these fan sites remain active, it depends on who finds them, etc.

Go for it, odds are you'll be fine... I've seen a few local cover acts upload their covers and their site has been active for 2 years or so.

Yes, but when your fan site goes down .... nothing happens.

If you have heavily promoted your myspace page and it gets taken down, you could now lose fans.

Diggler · #9 07-22-2007, 07:46 PM

Since we have a 'real' webpage, not just a myspace, would we be better off legally to put it on our own site? That way, if for some reason we got shut down because they found out that we have a live recording on there, I could move to another host and just not post them on the new site.

Hypothetical discussions are welcome.

Matt Till · #10 07-22-2007, 09:52 PM

Quote:

Originally Posted by seanm

Yes, but when your fan site goes down .... nothing happens.

If you have heavily promoted your myspace page and it gets taken down, you could now lose fans.

You wouldn't lose fans, but you would lose contact with them.

seanm · #11 07-22-2007, 10:01 PM

Quote:

Originally Posted by Diggler

Since we have a 'real' webpage, not just a myspace, would we be better off legally to put it on our own site? That way, if for some reason we got shut down because they found out that we have a live recording on there, I could move to another host and just not post them on the new site.

Hypothetical discussions are welcome.

Why do you need to have covers on the band webpage? Original artists need to have samples of their work so people can hear what they sound like. Unless you do really obscure or really different covers, people have heard the songs and can get an idea of what you play from setlists.

Diggler · #12 07-23-2007, 04:31 PM

Quote:

Originally Posted by seanm

Why do you need to have covers on the band webpage? Original artists need to have samples of their work so people can hear what they sound like. Unless you do really obscure or really different covers, people have heard the songs and can get an idea of what you play from setlists.

We change up and do our own versions of a lot of them; sort of like how the Gimme Gimmes put extra edge on the songs, and we add lots of harmonies and such that a lot of the other bands don't. Anyone can make a web site and say that they're great; I just think it's better for people who may hire you to hear for themselves what you sound like from a live recording.

seanm · #13 07-23-2007, 06:06 PM

Quote:

Originally Posted by Diggler

Anyone can make a web site and say that they're great; I just think it's better for people who may hire you to hear for themselves what you sound like from a live recording.

I agree, that's what the demo CD is for. But I'm not sure you need to post them to the website. But I could be very wrong.

Do you keep the main band page up to date with gigs? If so, I would post the songs to the myspace. As long as people go though your band page to get to myspace, you should be ok.

Diggler · #14 07-23-2007, 07:03 PM

We keep the main site and myspace updated with gigs and such. We had the main page fully developed for a while and just recently added the myspace page.

We have some simple clips... just 45 seconds or so of a few songs... on our website, and we've already gotten some jobs from cold calls. People have seen the website, were impressed with how professional it looked, and said the clips sealed the deal.

However, it seems like people find us more often on myspace, just because they're likely to see us through a local friends network. They'd have to actively look for our website to find us.

seanm · #15 07-23-2007, 07:51 PM

Quote:

Originally Posted by Diggler

We have some simple clips... just 45 seconds or so of a few songs... on our website, and we've already gotten some jobs from cold calls. People have seen the website, were impressed with how professional it looked, and said the clips sealed the deal.

I think clips are a grey area. You are much less likely to get in trouble for clips than full songs. But like I said, I am not a lawyer, I still have a soul

unclejam · #16 07-23-2007, 08:38 PM

I've had one posted up for a little over a year im still there

Vandelay · #17 01-13-2009, 05:44 AM

Reviving an old thread because our band was wanting to post a few of our video performances of cover songs. If MySpace doesn't technically allow it, then why do they also produce a daily "chart" of "Today's Most Popular Cover Songs"?
http://vids.myspace.com/index.cfm?fu...0&category=302

Seems like they're sending a contradictory message about this issue. Or is it possibly that they don't care about videos, but they do care about audio tracks? Any ideas?

buzzbass · #18 01-13-2009, 06:39 AM

Quote:

Originally Posted by Diggler

We're an exclusively covers band, but we'd like to add some recordings of our covers onto myspace.

Can we put up our own rendition of Jesse's Girl without Rick Springfield delivering us a subpoena or a cease and desist letter?

I think you're good, as long as you're not collecting any money for/from them.

AlembicPlayer · #19 01-13-2009, 06:47 AM

do the right thing.
get a mechanical license for every cover song you record, release and sell.
no worries when you play by the rules.

cheers!

neurotictim · #20 01-13-2009, 08:03 AM

I do'nt really have any knowledge to add to the conversation, but it seems to me that, as long as you're giving credit to the original artists, there's no such thing as bad publicity...

I know I have heard several cover bands do songs that later impelled me to go and find the original artists' work, thus giving money to the original artist.

Meh.