Then either that's wrong or nobody cares, because out of all the professional musician's I've spoken to and all of the places I've played at, nobody cares. I even remember hearing my certified theater teacher mention that it's perfectly legal to perform songs live without consent. Maybe you just need the license in certain situations.
You cannot perform live songs without consent for a business or show. Certainly not as a cover.
From
BMI.com:
8: Do songwriters get compensated through record sales?
Songwriters receive a small percentage of their income from the sale of tapes and CDs. Called "mechanical royalties," this percentage usually is less than half of a songwriter's income, with the bulk coming from "performance royalties." Because of the amount of airplay that BMI- affiliated music generates over the years, the public performance royalty fee is critical. Songwriters depend on BMI public performance revenues to enable them to make a living writing songs.
Approximately 50 to 75 percent of a songwriter's compensation is from performance royalties, an important part of which comes from commercial establishments. The greatest hits of the 60s and 70s are still some of today's most widely played songs.
16: Who Is Responsible for Public Performance Fees If Musicians Are Playing Live Music?
If the musical performance is taking place on the premises, the establishment is responsible for obtaining public performance rights. This responsibility cannot be passed on to anyone else even if musicians hired by management are independent contractors and exceed or ignore specific instructions on what music can or cannot be played. Since it’s the establishment that’s being enhanced by music, the establishment is responsible for ensuring it is properly licensed, similar to other legal responsibilities a business must handle.
Artists represented by BMI include Linkin Park, Sugar Ray, Christina Aguilera, and Michelle Branch.
From
SESAC.org:
Q: Why Should I Have a SESAC Performance License?
A: If you are using someone’s property (song) there is a moral and legal obligation to obtain the owner’s permission. Under the Copyright Law of the United States, anyone who plays copyrighted music in a public establishment is required to obtain advanced permission from the copyright owner, or their representative. If you play any copyrighted song in your business without proper authorization you are breaking the law and can be held liable for damages, from a minimum of $750 up to a maximum of $150,000 per song played!
Artists represented by SESAC include Neil Diamond, the Dave Matthews Band, Alan Jackson, and Destiny's Child.
The artists themselves may not care,
but the songwriters and record labels do, particularly the songwriters, because
that's how they make their living.
Incidentally, Joe, I found that Metallica's music is licensed by the
ASCAP. So apparently, they care, or their record label does, and if you perform any of their stuff at a live show, or you want to, you need to make sure that the establishment has a licensing arrangement with the ASCAP.
