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Tribute Band Album Copyright Query

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  • 03-17-2011, 05:18 AM
    Melvis
    Tribute Band Album Copyright Query
    Hi,

    I currently manage a tribute band website and wish to be able to sell their album online.

    However, as they are a tribute band, they use the same lyrics and beats etc as the original artists. If I was to sell this album online, would I be breaking any copright laws? The artists they cover are mainly Elvis and Shakin Stevens.

    Any help would be greatly appreciated.....

    Thank You
  • 03-17-2011, 06:09 AM
    free9man
    Re: Tribute Band Album Copyright Query
    Yup. You and your band would subject to suit by the people who own the rights to the music of the artists being covered. You would need to secure permission, and probably pay some kind of royalty, to sell the cd.
  • 03-17-2011, 08:03 PM
    KeyWestDan
    Re: Tribute Band Album Copyright Query
    You would be breaking a number of copyright rules and subject to being sued into the ground. The places you play probably have performance licenses so you are okay in live performances. Recording them and selling them is a copyright infringement. It is an infringement of the music and the lyrics copyright. You are NOT likely to get permission or a licensing agreement for a cover band, but you can certainly try. It will not be cheap or quick. This is one of the big downsides to being a cover band... it is not your music, it will never be your music, and you can't sell it.
  • 03-29-2011, 11:12 AM
    LyonLegal
    Re: Tribute Band Album Copyright Query
    Actually, you would only be subject to suit if you didn't pay the license fee. The law creates compulsory licenses. Rather than have to negotiate with every artist every time you wanted to sing a song, you pay a compulsory license (a performance license or a recording license) and the artist gets a cut of anything you make off the sale or performance.

    There was a good article about this on CNBC last September:
    http://www.cnbc.com/id/38990831/Trib...ne_Is_it_Legal
  • 03-29-2011, 12:09 PM
    flyingron
    Re: Tribute Band Album Copyright Query
    That's a good article, but it does point out some errors in your post.

    The compulsory license only covers the the mechanicals: i.e., the production/sale of the record itself. Most of the mainstream recording industry uses the Harry Fox Agency to channel the compulsory royalties. However, some don't, so you may have to figure out where to remit your statutory royalties. This is all you need to sell the "records" on line (provided you aren't letting people hear the music on the website).

    As for performance, compulsory license/statutory royalties do NOT cover the performance. Again for most artists, the performance rights/royalties is handled through one of the Performance Rights Organizations (ascap, bmi, sescac in the US). This is what you need to perform (either live or from the recording) in public either on the website, at some concert, or on the Radio. There's no "compulsory" requirement that these rights be issued, though most artists are covered.

    All of these organizations have pretty good FAQs on their websites if you want to do further reading.

    www.harryfox.com
    www.ascap.com
    www.bmi.com
    www.sesac.com
  • 03-30-2011, 08:41 AM
    LyonLegal
    Re: Tribute Band Album Copyright Query
    oops, yes, I misspoke.
    Compulsory license applies to distribution of copies, but some of the same reasoning - to avoid the economic loss of countless transactions - has lead to a similar system for dealing with performances.
    (and performance licenses are usually paid by the venue, not the performer)
  • 03-30-2011, 09:02 AM
    flyingron
    Re: Tribute Band Album Copyright Query
    Agreed, but it behooves the performer to make sure the venue is licensed. If you're an artist covered by one of the PROs you're also usually covered by your agreement with them if you perform somewhere unlicensed (needed if you're going to perform other's works). Bars and other public places that have music USUALLY already have these in place. Universities and certain other businesses may negotiate blanket rights for the entire facility. Radio stations will subscribe as well. I only bring this up because he says he was going to set up a website, and if the music is played on the website, he'll need to get one of ASCAP (or the others) "Internet" license for his use.
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