Help from someone in the Music Bidness

In this forum you can discuss anything from sports, news, or what ever is on your mind.

Moderator: SMLCHNG

Bubbaphan
License to Chill
Posts: 1192
Joined: May 3, 2006 9:45 am
Favorite Buffett Song: Tryin' to reason with the hurricane season.
Number of Concerts: 5
Favorite Boat Drink: MMMMM..Beer. Wait, is that really a boat drink?
Location: Has anybody seen Arkansas?

Post by Bubbaphan »

Maybe this will help...my boss wrote this...

http://arcastudios.com/audioresources.htm#license

I think it addresses corporate presentation use...

8)
I'm a one-man band with no
Immediate plans...
land_shark3
Here We Are
Posts: 9804
Joined: April 6, 2004 4:03 pm
Number of Concerts: 0
Location: Halfway here or halfway gone?

Post by land_shark3 »

So... anyone want to donate some music? :pirate:
It's your world, I'm just living in it! :pirate:
CrznDnUS1
License to Chill
Posts: 1188
Joined: April 25, 2005 1:09 pm
Favorite Buffett Song: I Have Found A Home
Number of Concerts: 12
Favorite Boat Drink: Mezcal
Location: Somewhere near the Jersey Coastline

Post by CrznDnUS1 »

Ok, so here's a dumb question. What do the musicians have to do to play covers in a bar band? I know there are many cover bands how do they get by since they are making money from the songs.
"The most aggravating thing about the younger generation is that I no longer belong to it." - Albert Einstein
SharkOnLand
Chewin' on a Honeysuckle Vine
Posts: 6665
Joined: January 2, 2006 7:34 pm
Number of Concerts: 0
Location: Wishing I was somewhere other than here...

Post by SharkOnLand »

CrznDnUS1 wrote:Ok, so here's a dumb question. What do the musicians have to do to play covers in a bar band? I know there are many cover bands how do they get by since they are making money from the songs.
Technically, they should be paying royalties to the original songwriter/composer. However, copyright law usually isn't enforced in these cases, as the original copyright holder usually never finds out.
Image Image
Mr Play
On a Salty Piece of Land
Posts: 10015
Joined: April 10, 2003 12:51 pm
Location: Margaritaville, TX

Post by Mr Play »

Drumkat told me I could use his music in our jet ski shows after I bought a couple of his cd's last year.
Your best bet is to buy a cd from one of our resident recording artists and get their permission to use it.
It was a pleasure and a hell of an evening
Truly was our night to win
But the authorities insist on my leaving
Take care my American friend
CrznDnUS1
License to Chill
Posts: 1188
Joined: April 25, 2005 1:09 pm
Favorite Buffett Song: I Have Found A Home
Number of Concerts: 12
Favorite Boat Drink: Mezcal
Location: Somewhere near the Jersey Coastline

Post by CrznDnUS1 »

So then all these JB cover bands such as A1A or the Land Sharks gets his permission to play his songs or pays royalties. I find that hard to beleive but it could be true. If that were the case does Jimmy pay Van Morrison or the Dead for covering thier songs? Or maybe they just dont care. I thought someone earlier mentioned some sort of loop hole for live performances as long as you give credit, but that sounds too easy, although Jimmy ALWAYS gives credit for songs he covers.
"The most aggravating thing about the younger generation is that I no longer belong to it." - Albert Einstein
SharkOnLand
Chewin' on a Honeysuckle Vine
Posts: 6665
Joined: January 2, 2006 7:34 pm
Number of Concerts: 0
Location: Wishing I was somewhere other than here...

Post by SharkOnLand »

CrznDnUS1 wrote:So then all these JB cover bands such as A1A or the Land Sharks gets his permission to play his songs or pays royalties.
They should obtain a license. Like I said, it's not usually enforced, as the copyright holders aren't often aware of performances, and they'd have to bring lawsuits against each 'cover band'.

Big time performances like Jimmy's, he more than likely gets permission, or pays royalties to the copyright holders. Brown Eyed Girl, from what I remember, wasn't written by Van Morrison, so the royalties would be paid to the songwriter, not Van Morrison...

here's a little info: http://www.ascap.com/licensing/licensingfaq.html
Image Image
Drumkat
I need two more boat drinks
Posts: 299
Joined: July 8, 2004 9:11 pm
Number of Concerts: 0
Location: by Lake Michigan
Contact:

Post by Drumkat »

Jimmy has a legal deptarment working for him. It's all done by the books at that level.

Yes ASCAP owns the publishing rights to 90% of everything you hear. They inturn pay royalties to the artist after taking their cut. HarryFox and a few similar agents own the rights to recorded media. Smaller unsigned bands or writers who have differnt publishers usually charge much less that $95 to cover and print 1000 CDs. Most I know do about $60.

Legally, if someone in a car next to you has a song playing real loud, it is not right for you to listen to it without paying for it, even on a raido. Strange....
Want to hear MY Caribbean music?
http://www.kentarnsbarger.com
CrznDnUS1
License to Chill
Posts: 1188
Joined: April 25, 2005 1:09 pm
Favorite Buffett Song: I Have Found A Home
Number of Concerts: 12
Favorite Boat Drink: Mezcal
Location: Somewhere near the Jersey Coastline

Post by CrznDnUS1 »

thanks that was helpful, but now i have another question. I went to the ASCAP site and did a search for something traditional like "John Herny" which I thought was public domain or so old that no one has rights to it and it found like 94 entries. How can someone own a song like that which no one knows who wrote it since it was passed down by mouth?
"The most aggravating thing about the younger generation is that I no longer belong to it." - Albert Einstein
SharkOnLand
Chewin' on a Honeysuckle Vine
Posts: 6665
Joined: January 2, 2006 7:34 pm
Number of Concerts: 0
Location: Wishing I was somewhere other than here...

Post by SharkOnLand »

CrznDnUS1 wrote:thanks that was helpful, but now i have another question. I went to the ASCAP site and did a search for something traditional like "John Herny" which I thought was public domain or so old that no one has rights to it and it found like 94 entries. How can someone own a song like that which no one knows who wrote it since it was passed down by mouth?
Even if the actual song is public domain, an artist can own rights to a specific performance/recording of the song. Those entries are most likely to a specific recording of the song.

If you wanted to use the song yourself, you could record your own version without paying license fees. If you wanted to use a recording of the song, the artist who recorded it would be entitled to collect licensing fees.
Image Image
CrznDnUS1
License to Chill
Posts: 1188
Joined: April 25, 2005 1:09 pm
Favorite Buffett Song: I Have Found A Home
Number of Concerts: 12
Favorite Boat Drink: Mezcal
Location: Somewhere near the Jersey Coastline

Post by CrznDnUS1 »

Drumkat wrote:Jimmy has a legal deptarment working for him. It's all done by the books at that level.

Yes ASCAP owns the publishing rights to 90% of everything you hear. They inturn pay royalties to the artist after taking their cut. HarryFox and a few similar agents own the rights to recorded media. Smaller unsigned bands or writers who have differnt publishers usually charge much less that $95 to cover and print 1000 CDs. Most I know do about $60.

Legally, if someone in a car next to you has a song playing real loud, it is not right for you to listen to it without paying for it, even on a raido. Strange....
So it looks to me the easiest way to protect a song you wrote is to join ASCAP, right? But I looked at their site and the is no fee shown. I mean l only wrote two songs so far but how is the best, easiest and cheapest way to copyright or protect it? It seems to me that if you join ASCAP you can get rights to play songs in public performances as well, but how much will that cost or is that all covered in your membership. Sorry if I sound ignorant to all of this. I mean I dont wanna spend hundreds to join and then have to pay hunderds more to protect, seeing as I will most likely never make any money singing them.
"The most aggravating thing about the younger generation is that I no longer belong to it." - Albert Einstein
12vmanRick
Here We Are
Posts: 9708
Joined: July 16, 2003 11:46 am
Favorite Buffett Song: Pacing the Cage
Number of Concerts: 50
Favorite Boat Drink: Rum
Location: Crazy is becoming my new norm
Contact:

Post by 12vmanRick »

you have permission to use all of mine :D
When they run you out of town make it look like you are leading the parade.
CrznDnUS1
License to Chill
Posts: 1188
Joined: April 25, 2005 1:09 pm
Favorite Buffett Song: I Have Found A Home
Number of Concerts: 12
Favorite Boat Drink: Mezcal
Location: Somewhere near the Jersey Coastline

Post by CrznDnUS1 »

12vmanRick wrote:you have permission to use all of mine :D
thanks, my also have permission for mine (all two) :P . Like I said it is a viscious bizz and I am not looking to make any money at it. Wasn't that mentioned in "Vampires, Mummies and the Holy Ghost"?
"The most aggravating thing about the younger generation is that I no longer belong to it." - Albert Einstein
Drumkat
I need two more boat drinks
Posts: 299
Joined: July 8, 2004 9:11 pm
Number of Concerts: 0
Location: by Lake Michigan
Contact:

Post by Drumkat »

yes, you can have permission to use the one song I've written, it's song #8 (Island Currents)...it will cost you 99¢ though, hope that dosent break your bank. It's actually my #1 selling song on my album, which boggles my mind everyday!

itunes....

CLICK HERE FOR ME!
Want to hear MY Caribbean music?
http://www.kentarnsbarger.com
RinglingRingling
Last Man Standing
Posts: 53938
Joined: May 30, 2004 3:12 pm
Favorite Buffett Song: Glory Days
Number of Concerts: 0
Favorite Boat Drink: Landshark, and Margaritaville products...
Location: Where payphones all are ringing

Post by RinglingRingling »

Drumkat wrote:Jimmy has a legal deptarment working for him. It's all done by the books at that level.

Yes ASCAP owns the publishing rights to 90% of everything you hear. They inturn pay royalties to the artist after taking their cut. HarryFox and a few similar agents own the rights to recorded media. Smaller unsigned bands or writers who have differnt publishers usually charge much less that $95 to cover and print 1000 CDs. Most I know do about $60.

Legally, if someone in a car next to you has a song playing real loud, it is not right for you to listen to it without paying for it, even on a raido. Strange....
I would say this one is hardest to enforce tho.
Post Reply