Go Back   TalkBass Forums > Bass Guitar Forums > Bass Guitar Forums > Miscellaneous [BG]
Register Rules/FAQ/CUP Members List Search Today's Posts Mark Forums Read

Miscellaneous [BG] Music-related discussion, not specific to the bass or any other forum


Supporting Membership
Thank You

Latest Supporting Member
Donate to Upgrade Today

Reply
 
Thread Tools Search this Thread
  #1  
Old 10-01-2010, 04:36 PM
Registered User
 
Join Date: Sep 2008
Location: chicago
Is this illegal?

Sign in to disble this ad
I got offered to play cover songs with different lyrics, written by the singer.

Play them live.

Maybe produce a record.

Say for example "I'm a creep" by Radiohead, with some other lyrics but same music, maybe changing the tempo or different style, say reggae.

Would I get sued or do I have to pay royalties to somebody?
  #2  
Old 10-01-2010, 04:39 PM
SactoBass's Avatar
Livin' it up at the Hotel California
 
Join Date: Jul 2009
Location: Sacramento California
Supporting Member
You can play anything you want live, and never worry about copyright infringement.

You can also record it to make a demo for the purposes of getting live gigs without worrying about copyright infringement.

But making a record of it and selling the recordings? That's a no-no without obtaining authority.
__________________
Good judgment is acquired by experience.
Experience is acquired by bad judgment.
  #3  
Old 10-01-2010, 04:42 PM
Registered User
 
Join Date: Jul 2010
Location: Chester, Pa.,USA
I think it depends too, on whether or not it's a parody, such as what Weird Al does.
__________________
You can call me ...Cliff.
I think we're all Bozos on this bus.
  #4  
Old 10-01-2010, 04:45 PM
SactoBass's Avatar
Livin' it up at the Hotel California
 
Join Date: Jul 2009
Location: Sacramento California
Supporting Member
Quote:
Originally Posted by C.Linton View Post
I think it depends too, on whether or not it's a parody, such as what Weird Al does.
Yep. Weird Al has to obtain authority because he uses music written by other people in his recordings for monetary gain.
__________________
Good judgment is acquired by experience.
Experience is acquired by bad judgment.
  #5  
Old 10-01-2010, 04:50 PM
Registered User
 
Join Date: Mar 2010
Location: Tampa, Florida
he didnt obtain the rights for amish paradise i thought. isnt that why coolio was mad at him?
  #6  
Old 10-01-2010, 04:51 PM
Registered User
 
Join Date: Mar 2010
Location: Tampa, Florida
and look at vanialla ice. he put a sixteenth note in and it was "completely" different
  #7  
Old 10-01-2010, 04:54 PM
Registered User
 
Join Date: Mar 2008
Location: Great White North
Quote:
Originally Posted by SactoBass View Post
Yep. Weird Al has to obtain authority because he uses music written by other people in his recordings for monetary gain.
BUT, if I understand it correctly, Weird Al also gets a co-writing credit because they're new lyrics. Very clever way to get a few royalty $'s
  #8  
Old 10-01-2010, 04:59 PM
Registered User
 
Join Date: Jul 2009
Quote:
Originally Posted by Von Felgenhauer View Post
and look at vanialla ice. he put a sixteenth note in and it was "completely" different
If you're referring to "Ice Ice Baby," he ended up getting sued for that.
__________________
Quote:
Originally Posted by Ed Friedland View Post
People say a lot of stupid ****.
  #9  
Old 10-01-2010, 05:05 PM
Registered User
 
Join Date: Feb 2010
Location: Huntington Beach, CA
I thought parodies are covered under fair use guidelines? It's kinda funny that Cololio would not have given Wierd Al his consent as Coolio sampled the chorus and music of the song "Pastime Paradise" by Stevie Wonder (with Wonder's consent.)
__________________
Black on Black Club-8|Warmoth Owners Club-32|Yorkville/Traynor Club-192|Big Cab Club-228|Fender Jazz Bass Club-529
  #10  
Old 10-01-2010, 05:11 PM
Registered User
 
Join Date: Sep 2008
Location: chicago
What about all of these bands that play covers:
- Eminem and that aerosmith song
- However many bands have the cure songs on produced albums...
- 311 (The Cure I will always love you) Same song but in reggae
- Faith by Limp biskit (same song, different style)
- Sinead o connor nothing compares to you. Her most famous song, not written by her.

Live:
- No problem I think. Been in cover bands, but never thought about it

Records:
- I am asking for trouble, even if it's a parody, or different style of the song?

Demo to get gigs:
- What if fans ask to buy the songs...You have to say...emm nope? Or can they just download them for free? I wonder how that is.
  #11  
Old 10-01-2010, 05:13 PM
Mrdak's Avatar
Uber Bass Geek :p
 
Join Date: Feb 2006
Location: Middle GA
Supporting Member
Quote:
Originally Posted by crow01 View Post
I got offered to play cover songs with different lyrics, written by the singer.

Play them live.

Maybe produce a record.

Say for example "I'm a creep" by Radiohead, with some other lyrics but same music, maybe changing the tempo or different style, say reggae.

Would I get sued or do I have to pay royalties to somebody?
Playing the songs live.........I think not. Produce a record? try to make a dime off of it? Yes
__________________
~~~~~~~~~~~~~~~~~~~~~
AV-57-Reissue Precision bass
SVT4-Pro into a Schroeder 21012R

~~~~~~~~~~~~~~~~~~~~~


  #12  
Old 10-01-2010, 05:20 PM
SactoBass's Avatar
Livin' it up at the Hotel California
 
Join Date: Jul 2009
Location: Sacramento California
Supporting Member
Quote:
Originally Posted by Mrdak View Post
Playing the songs live.........I think not. Produce a record? try to make a dime off of it? Yes
BINGO! That's the key. If you are trying to sell the recordings, and if those recordings that you are trying to sell contain music or lyrics that were written by others, then you are in violation of copyright laws.

Using a "demo" recording of your band just to get live gigs is not selling the recordings.
__________________
Good judgment is acquired by experience.
Experience is acquired by bad judgment.
  #13  
Old 10-01-2010, 05:33 PM
Registered User
 
Join Date: Feb 2010
Location: Huntington Beach, CA
Quote:
Originally Posted by crow01 View Post
What about all of these bands that play covers:
- Eminem and that aerosmith song
- However many bands have the cure songs on produced albums...
- 311 (The Cure I will always love you) Same song but in reggae
- Faith by Limp biskit (same song, different style)
- Sinead o connor nothing compares to you. Her most famous song, not written by her.

Live:
- No problem I think. Been in cover bands, but never thought about it

Records:
- I am asking for trouble, even if it's a parody, or different style of the song?

Demo to get gigs:
- What if fans ask to buy the songs...You have to say...emm nope? Or can they just download them for free? I wonder how that is.
Eminem, 311, Limp Bizkit, etc. are all required to get the OK from whoever owns the rights to the songs. I think I recall reading somewhere that Robert Smith worked with 311 on their version of "Lovesong" for the soundtrack to 50 First Dates...311 got involved in the soundtrack because Adam Sandler attended one of their shows and hung out with the band. He wanted the soundtrack for the movie to include many songs from the '80s that he grew up with, redone in a tropical style since the movie takes place in Hawaii.
__________________
Black on Black Club-8|Warmoth Owners Club-32|Yorkville/Traynor Club-192|Big Cab Club-228|Fender Jazz Bass Club-529
  #14  
Old 10-01-2010, 05:43 PM
Registered User
 
Join Date: Jul 2010
Location: Denver
Weird Al stated that Coolio was upset at him for using his song but was happy to receive the checks for the rights...
__________________
Acoustic club #243, Colorado Club #43, Ibanez Club #664, Hartke club #209
  #15  
Old 10-01-2010, 05:45 PM
Registered User
 
Join Date: Sep 2009
Location: Richmond, VA, USA
Send a message via AIM to NateS
you can play live whatever the hell you want. you can record as well, as long as you don't make a profit.

you do not need authorization for a parody! Weird al does that to be nice, as he has said in interviews. Remember the James Blunt cover that atlantic tried to block? Did they? no..because weird al was being nice to ask to begin with (and it wasn't atlantic's call, it as james blunts, but whatever
__________________

Member of many clubs
I apologise in advance for any typos. Living on a smartphone has it's disadvantages.
avant/stoner/improv/drone/ambient/noise: blackholenebula
  #16  
Old 10-01-2010, 05:50 PM
Registered User
 
Join Date: Aug 2006
Location: Austin, TX
Quote:
Originally Posted by interstatejoe View Post
Eminem, 311, Limp Bizkit, etc. are all required to get the OK from whoever owns the rights to the songs. I think I recall reading somewhere that Robert Smith worked with 311 on their version of "Lovesong" for the soundtrack to 50 First Dates...311 got involved in the soundtrack because Adam Sandler attended one of their shows and hung out with the band. He wanted the soundtrack for the movie to include many songs from the '80s that he grew up with, redone in a tropical style since the movie takes place in Hawaii.
Copyright Law is tricky, but I believe that to use someone's song one has to pay for it, but the holder of the copyright cannot deny use to anyone. Compulsory licensing I believe is what it is called, but IANAL. I have heard that political campaigns have enraged some musicians by using their material when the artists did not agree with the ideology of the politicians involved, but they couldn't be prevented from using it as long as they paid for it.
__________________
Gordon in Austin
http://www.crystalflavola.com
  #17  
Old 10-01-2010, 05:59 PM
kesslari's Avatar
Groovin' Eskrimador

Lark in the Morning Instructional Videos; Audix Microphones
 
Join Date: Dec 2007
Location: Santa Cruz Mtns, California
Supporting Member
Quote:
Originally Posted by crow01 View Post
What about all of these bands that play covers:
- Eminem and that aerosmith song
- However many bands have the cure songs on produced albums...
- 311 (The Cure I will always love you) Same song but in reggae
- Faith by Limp biskit (same song, different style)
- Sinead o connor nothing compares to you. Her most famous song, not written by her.
It's not a problem recording/selling a song written by another songwriter, or performed by another band - as long as you have an agreement with the owner of the song (publishing), which most likely includes monetary payment (typically royalties).

Otherwise, if you have success with it, you also get a lawsuit. Even if you' don't copy the song completely, or even if you don't do it consciously.
Remember George Harrison's song "My Sweet Lord"? He got sued and it was determined that it was a ripoff of the Chiffon's "He's So Fine" - George was ordered to pay some pretty big dinero.

As Smitty Smith once said to me, "remember the most important thing in life... Publishing".
__________________
Quote:
Originally Posted by KillianRussell View Post
The best hat for metal, is the hat the dude, Kesslari wore the other day to open for The Ohio Players.
Funkranomicon

Fretless Instrumentals: Folk in A

Zon, Genz Benz, BFM and LDS

Last edited by kesslari : 10-01-2010 at 06:03 PM.
  #18  
Old 10-01-2010, 06:01 PM
Registered User
 
Join Date: Sep 2009
Location: Richmond, VA, USA
Send a message via AIM to NateS
it's not a problem playing a song...at all.

it's a problem recording a song.
__________________

Member of many clubs
I apologise in advance for any typos. Living on a smartphone has it's disadvantages.
avant/stoner/improv/drone/ambient/noise: blackholenebula
  #19  
Old 10-01-2010, 06:08 PM
Registered User
 
Join Date: Feb 2010
Location: Huntington Beach, CA
Quote:
Originally Posted by ggunn View Post
Copyright Law is tricky, but I believe that to use someone's song one has to pay for it, but the holder of the copyright cannot deny use to anyone. Compulsory licensing I believe is what it is called, but IANAL. I have heard that political campaigns have enraged some musicians by using their material when the artists did not agree with the ideology of the politicians involved, but they couldn't be prevented from using it as long as they paid for it.
Not trying to nitpick, but I'm not sure one is necessarily required to pay to use someone elses song...as long as whoever owns the rights to the original gives the ok. Just sayin'

Quote:
Originally Posted by bassk81976 View Post
it's not a problem playing a song...at all.

it's a problem recording a song.
no problem in recording the song, but selling that recording is where it gets sticky.
__________________
Black on Black Club-8|Warmoth Owners Club-32|Yorkville/Traynor Club-192|Big Cab Club-228|Fender Jazz Bass Club-529
  #20  
Old 10-01-2010, 08:59 PM
Registered User
 
Join Date: Dec 2009
Location: KC Mo area
Look in to Harry Fox and Ass- Cap. It cost about 10cents a song per C/D if the original song writer says it is OK.

Now if it is just the cord progression, different beat, different timing, look at G C D. Play it and see if anyone notices it as the original song.
__________________
Fat Bassist club # 17
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Follow TalkBass on Twitter   Visit TalkBass on Facebook  

All times are GMT -6. The time now is 10:18 AM.




Copyright 2011 Talk Music Group Inc. All rights reserved.
Play guitar? Visit our new sister site TalkGuitar.com [beta]
Powered by vBulletin® Version 3.6.12
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.