Putting MP3's of my band on my site

MarkHastings · 10-14-2003, 11:03 AM

I was wondering. I have a demo CD of a few songs that my band did in the studio. They aren't our own songs (they are covers), but it is my band that is playing them. I was wondering if I could legally put them on our site to download? I know I can't sell them, but if they are available for free, would that be ok? Or would this be considered marketing?

Any thoughts?

MikeSerrano · 10-14-2003, 11:36 AM

I don't know what the legal status is on this type of thing in our new era of perpetual and restrictive copyrights, but I have seen other bands/artists do this often:

Jessica Martins IUMA Page
Me First and The Gimme Gimmes MP3 section

-Mike

Richard Travale · 10-14-2003, 12:17 PM

Did you pay the original bands royalty fees before you did the recording?
My band did a Loverboy cover as a "hidden track" on our first CD. We had to negotiate with the band's management company before we could even think about recording it.
My suggestion is to contact the management companies to get something settled. It won't cost that much, but it could cost you a lot more if you don't, especially with the way the RIAA is going crazy lately.
I think we ended up paying something like $50 CAD.

MarkHastings · 10-14-2003, 12:21 PM

Thanks Mike, the only thing that worries me is that maybe they licensed those songs when they recorded them and have distribution rights.

I wonder what's the worst that could happen if I did make them free to download? I assume if someone had issue, they'd just tell me to take them off at first?

With all this MP3 legallity going around, I'm just a bit worried about getting involved somehow. I'm sure they have apps that scan all the web sites looking for links to MP3's and then investigate what they find.

MarkHastings · 10-14-2003, 12:29 PM

Quote:

Did you pay the original bands royalty fees before you did the recording?
My band did a Loverboy cover as a "hidden track" on our first CD.

Richard, do you think it makes a difference if you are selling the music or not? I wouldn't be selling these songs. The demo CD's aren't even being sold...we just use them to show bar owners how we sound.

We are a small local band and aren't trying to sell anything. We have a very small fan base (mainly localized in my small town). I know every band has the possibility of getting in trouble by playing cover tunes in a bar. I guess it just depends on how far you go with it that makes the difference? We play these small hole in the wall bars and don't do much else than once a month gigs. VERY small time.

Example, it's illegal to do 60mph in a 55mph zone, but most cops won't bother you. I know the real legal way would be to contact all the parties involved and make some sort of arangement, but for a small time/local band who gives the song away for free (to a small group of fans), would it be easy to glide under the radar?

It would be better if I knew the exact laws though.

**HTF Ads**

MikeSerrano · 10-14-2003, 01:15 PM

I've always wondered about the legal issues surrounding cover songs, so decided to do some Googling.

This is what The Copyright Management Center of Indiana University has to say about securing permission for recording cover songs:

Quote:

A cover song may be created either by getting permission from the mechanical rights owner or through a compulsory mechanical license. Once the copyright owner of a musical composition records and distributes the work to the public, or allows another to do so, anyone that wishes to record and distribute that same work may do so without permission (subject to certain limitations) by issuing the copyright owner a notice of intention to obtain a compulsory license. The cover song is subject to a compulsory mechanical license which provides the copyright owner an automatic royalty payment for every recording created and sold. The cover artist may negotiate with the copyright owner to secure better terms than what the compulsory license affords the cover artist. However, the copyright owner cannot disallow the cover artist from reproducing and distributing that work if the cover artist is willing to pay the compulsory license. Compulsory licenses do not encompass covers of dramatic works (e.g. operas and musicals) or synchronized works (e.g. movie soundtracks and other music used in conjunction with visual images).

IANAL, but from what I understand, you need to obtain permission only if you plan to record and sell copies of your recorded cover song. Copyright issues aside, the physical recording is your property, so you can distribute it in any way you see fit. If you are giving it away (such as in the form of an MP3 download), you owe nothing. If you decide to sell copies of the recording, you need to pay compulsory license royalties (8 cents or 1.55 cents per minute of playing time, whichever greater--which, BTW will be increasing starting 1/1/2004) for each copy sold unless otherwise negotiated.

CMC recommends U.S. Copyright Office's Circular 73 for further reading.

-Mike

Ted Lee · 10-14-2003, 05:46 PM

maybe you could contact some of the guys from these links and ask them how they approached the issue.

they're all cover bands.

http://directory.google.com/Top/Arts...Cover_Bands/T/

i've actually heard tainted-love before. they're pretty good.

Don Black · 10-14-2003, 07:11 PM

So when a band does a cover in a concert they have to pay the original artist?