Recorded Some Cover Songs. Now What?

[rythmicillusion]

I am the band leader of a local GB Band. We recently recorded some a few covers with the intention of using them for booking and promotion (absolutely no resale). Free streams through our personal website and MySpace, along with physical CDs to put into press kits, are our intended distribution routes.

I've been doing my homework, and it appears that US Copyright law requires that I jump through several flaming hoops before I can use our recording without fear of any legal repercussion.

My attempts at contacting the copyright holders have proven difficult; the bands don't offer ways to contact them through their websites, the record labels are either defunct or do not return phone calls.

So the question is this: Am I trying to contact the correct entities? Anybody out there have experience in this realm?

[grifff]

I don't see why there would be a problem as long as you're not selling it. Bands cover other bands work all the time and many sell it.


I'm probably wrong.

[jonathanhughes]

You need to contact the agency that holds the publishing rights. The Harry Fox agency is a good place to start -- they seem to handle the rights for the vast majority of pop music.

[topper]

+1 to Harry Fox. Very easy and straight forward.

FWIW, legally you are required to pay for a mechanical license for every song on the disk. The fee varies depending on how many disks you make. You're also supposed to pay for each digital copy you distribute. Legally I don't think it matters whether you sell the CDs or not, what matters is that you distribute them in one way or another. And while you aren't "selling" these CDs, you are using them to get gigs which presumably pay money. So no matter which way you slice it, you are legally required to pay the license.

Now what are you morally required to do?? That's another question and one that might spark some fierce debate. My personal moral compass would have no problem recording a cover, putting it on a demo and sending that demo to bars to get gigs.

I would have a problem with selling the CD straight out. That's just me and opinions will vary about the moral line on this issue.

Playing covers is another legal and moral question. Presumably someone (the band or the bar) is required to pay royalties on any cover performed.

Morally, I feel like playing covers promotes the original artist and may actually increase their sales, so morally I don't have any problem doing it, but legally I (or someone) is probably required to pay.

[topper]

http://www.harryfox.com

[DeluxeRed]

I am not a lawyer (thank goodness). That said:

Our band always puts "FOR DEMONSTRATION ONLY -- NOT FOR RESALE" on the physical demo CDs if they contain cover material recorded live. We prevent downloads from our web presences (e.g., MySpace).

There are also a few gems that have slipped into the public domain, such as--I believe--What I Like About You, though you'd want to confirm that.

I think the general idea is to just go for it. Even if the rights holder tried to track you down, they'd have to prove they were damaged by your demo. And that's presuming they think you have deep enough pockets to be worth coming after--not a problem for most start-up bands. The usual remedy would be cease-and-desist, anyway.

In most bar band situations, the rights to perform protected songs are usually covered by the venue's "jukebox" agreement.

FWIW/YMMV

[unclekebm]

I've been playing and recording demo's of covers for many moons...
as long as you don't sell them, you're OK

I agree with DeluxeRed as for "DEMO ONLY" or "NOT FOR RESALE" etc.

And the burden of paying for the sale of covers (playing them through charging admission & drink sales) is on the venue
usually through ASCAP, etc.

Rock on!

[xgator4u]

+ 1 to A.S.C.A.P.