Aaaurgh! Copyright again

MJhig wrote on 10/18/2004, 8:35 PM

I've done some research including Spot's article and all the posts here but this seems a gray area.

I've been a circuit musician most of my life doing originals and covers. All the venues I've played in pay for the rights for bands to play cover tunes yearly.

If I record us performing a cover live from one of those venues and want to post it strictly for demonstration purposes, eg. audio processing, no compensation, am I free of liability?

MJ

Comments

musicvid10 wrote on 10/18/2004, 8:52 PM

Demos are never exempt, to my understanding.
Go ahead and get the mechanicals, possibly you can do so through one of your licensed venues. Probably won't cost much either.
I am a musician, not a lawyer, so please do not construe this as legal advice.

MJhig wrote on 10/18/2004, 9:18 PM

Hmmm, I'm all for the songwriter getting paid as a songwriter myself but ASCAP was paid once for the performance already, does that mean a recording of the "paid for" performance is illegal to post on the web with no intention of profit strictly for demonstration for mixing/editing demonstration purposes?

Seems like double jeopardy in reverse.

MJ

Spot|DSE wrote on 10/18/2004, 11:00 PM

Demos are never exempt, and recording a cover and posting it to the web is a different animal than simply playing it. When you perform it for the club/bar, you are *generally* covered by the bar's membership in ASCAP or BMI.
If you record it, it falls into a couple other categories. Performance and mechanicals. Mechanicals are cheap, generally, but it's got to be paid...
I'm a producer/musician/editor. Don't trust me....:-)
http://www.vasst.com/dvdproducts/caveats_copyright.htm