...also, most bands try to make themselves feel better about this by simply claiming that the bars they play at pay the royalties, but I have never once heard a single band that does covers ask US (I work at a bar) whether or not we do any such thing... and that still doesn't remove them from the proverbial "hook" about using these supposedly "stolen" songs to sell themselves to others.
Actually, that's the way it
should work - Bars/Venues pay ASCAP & BMI a yearly fee that takes care of all the covering of songs by live musicians for that year - quite literally, it's not the band's concern (unless they're a full-time Cover Band making serious money the way of corporate gigs and such - I believe they fall under a different category). If a bar doesn't do so and gets away with it, it's most likely because they're "Small Potatoes" - I'm sure they make far more off of
one Theater or Arena than a few *hundred* bars. A guitarist of mine's day job use to be as a Legal & Licensing Specialist at The Harry Fox Agency... the people that make sure copyright-holders are getting paid what they're owed from Venues, Radio, Commercials/Advertising/Placement and the like, and after that has done the same thing but at a higher level at AMI and RealNetworks, so I believe I have decent knowledge about the subject.
...and since I'm the guy who (inadvertently) started this brouhaha regarding "Theft" vs "Copyright Infringement" as posted by "Mister-O":
The Supreme Court said:
interference with copyright does not easily equate with theft, conversion, or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: ... 'an infringer of the copyright.' ...
The infringer invades a statutorily defined province guaranteed to the copyright holder alone. But he does not assume physical control over the copyright; nor does he wholly deprive its owner of its use. While one may colloquially link infringement with some general notion of wrongful appropriation, infringement plainly implicates a more complex set of property interests than does run-of-the-mill theft, conversion, or fraud.
Dowling v. United States , 473 U.S. 207, pp. 217218
It's all well and good if
you happen to
feel that Copyright Infringement "is all still stealing" or "sounds like stealing" or that you
morally place CI & Theft at the same level, but
legally (which is *what* I had stated in my original post) they're not. Period. End of Story. It's also interesting that CK doesn't even realize that without Google, apparently the Master Thief of the 21st Century, I imagine that finding the sales of the material that she sells
herself would most likely be a *fraction* of what they are now... simply because people wouldn't be able to find them! As for her, I used to have a
modicum of respect for her achievements, even though no one except
her was totally sure exactly what achievements she played on.

After this debacle and moreso the deliberate, unprovoked and classless verbal attacks and
legal threats made to people simply attempting to
help her like "Gawd" and others, she can go ahead and fade into obscurity playing bass, knitting, and yelling at kids to keep off the lawn for all I care. Her long list of negative personality traits have now overtaken her musical accomplishments as far as I'm concerned. :scowl: