Quick question about music copywrites..

[Joe]

If a band wanted to perform a cover of.. oh, say, (Anesthesia) Pulling Teeth on an album of theres, what would the process be to obtain legal rights to do so? I'm guessing it'd be writing a letter to some representative of Metallica and asking for permission, correct? What details should be put in the letter, etc?

Also, note that it might be considered public domain since there are so many copies of it freely available, such as YouTube, etc.

TIA.

[Newby]

x86/64] link=topic=9464.msg120014#msg120014 date=1180071355]
Also, note that it might be considered public domain since there are so many copies of it freely available, such as YouTube, etc.

And? Just because it is on YouTube doesn't mean it's public domain... hell, in that case, just put your cover on YouTube and you should be ok!

...

:P

[MyndFyre]

It's not public domain.

You need to write the record label.  Their reps handle the licensing.

[Super_X]

I really doube that Metallica would let you use their song, they're totally whores 'bout that stuff, remembre Napster?

Also, why not do a good song?

And, last but not least, I do believe that you would need to give them royalties based off how much you sell, (good thing you'll not sell anything.) :p
<3

[MyndFyre]

I really doube that Metallica would let you use their song, they're totally whores 'bout that stuff, remembre Napster?

Playing a cover isn't ANYTHING LIKE PIRATING MUSIC.

[iago]

Playing a cover (as long as it isn't on an album) might be considered fair use, although I'm not sure. If you find out for sure, let us know.

[rabbit]

Playing them is fine.  Putting them on a CD and selling said CD isn't, unless you have permission from the copyright holder.

[Chavo]

I'd guess that playing a cover song is more akin to playing the song on the radio or streaming which IIRC you are freely allowed to do as long as you have a licensed copy.

[MyndFyre]

Playing a cover (as long as it isn't on an album) might be considered fair use, although I'm not sure. If you find out for sure, let us know.

I'd guess that playing a cover song is more akin to playing the song on the radio or streaming which IIRC you are freely allowed to do as long as you have a licensed copy.

I'm sure that's not the case.  Christian music played in churches actually has to be licensed to each church (it's a very fair price per license), and is typically offered through an organization known as the CCLI which does all the collective bargaining with record labels.  CCLI licenses only apply to non-profit events, such as church gatherings.

It would not be a stretch to expect that people who want to play a cover will have to shell out additional cash.

[iago]

x86/64] link=topic=9464.msg120049#msg120049 date=1180109219]
I'm sure that's not the case.  Christian music played in churches actually has to be licensed to each church (it's a very fair price per license), and is typically offered through an organization known as the CCLI which does all the collective bargaining with record labels.  CCLI licenses only apply to non-profit events, such as church gatherings.

It would not be a stretch to expect that people who want to play a cover will have to shell out additional cash.

You might be right, I don't really know.

My advice is to just do it, and assume that Metallica will never know/care. And if you get caught, serve your time like a man. :)

[trust]

Yeah I doubt Metallica and/or their representatives are going to care about a highschool band doing a cover of their songs. It's not like you're going to be making any money, and if you do it will be a negligible amount.

[Armin]

Playing them is fine.  Putting them on a CD and selling said CD isn't, unless you have permission from the copyright holder.

This is true. Anything that's live is fair game. I know this for a fact.

[MyndFyre]

Playing them is fine.  Putting them on a CD and selling said CD isn't, unless you have permission from the copyright holder.

This is true. Anything that's live is fair game. I know this for a fact.

It's not fair game.  Check this link.

See also: About Licensing at the American Society for Composers, Arrangers, and Publishers:

ASCAP licenses the right to perform songs and musical works created and owned by songwriters, composers, lyricists and music publishers who are ASCAP members...

[Armin]

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.

[MyndFyre]

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.