recording cover songs

[headache9]

What if a band recorded someone elses song without permission & got caught. They are just small time local band that plans on selling a few 100 cd's at shows. I know it's against the law & just wrong, but what could the artist or record company do? Could I get in any trouble for recording it? Or if I got a producer credit? Could the local group get sued for tons of money or just pennies for each copy they sell. Please share any stories.
..I'm kinda interested & bands ask me stuff like this all the time.

[trashy]

First of all, I wouldn't worry about your name being on it as a producer.

Second of all, I'm not sure it's wrong. Musicians have been playing borrowed music since music was invented. I think it starts being wrong if you try to pass the songs off as your own, or make some major money on the songs and don't pay the originators. The Originators should be the name of your next band. But I digress.

How small time is small time? Is it like a high school kids' band? No worries - I doubt if Metallica would sue a high schooler. Basically the labels are too big to go after anyone with no money (current actions against online pirates notwithstanding.)

Look at it this way: it's really hard to get a label exec to hear your music, right? What makes you think he or she is going to hear it now? No one is going to hear this music. No one should, because this band should only be hard pushing product that is original.

I like to cover songs, both live and while recording (although I usually don't release those recordings.) I think it's great. But I'm always really clear about who the originator is. I say things like, "Hey 10CC is a great band, you should buy their albums. Here's a great little ditty of theirs." I really think half of the reason an artist should cover a song is to promote the original artists. In fact, I'm doing an ep of covers right now, just 'cause very few of my friends like the original band. I want people to hear what I hear in them.

Could the band get sued for what they are doing? Sure. I'm sure they could get sued for way more than they would ever make off of those recordings. But the copyright laws were developed for a different purpose than to pursue every little punk with a guitar and a love for some band. As long as the punk is being cool, giving the original artist major propers, and not sending this tape off to the president of Sony everything is gonna be cool.

-Good Luck!!!


Just so you know, I've no real love for 10CC.

[guitar4lyfe]

if its on a recording and you're selling it for profit, its very very illegal, and if the artist or record companies were dicks then you'd get slapped with a fine. I think most recordings copyrights run out after 50-75 years if they arent renewed, which doesnt make a big deal if the songs are new.

As for performing them live, its not as big of a deal but if u get caught then the venue has to pay the record company, thats why alot of bigger clubs and battle of the bands have a "no cover song policy"

[guitar4lyfe]

http://www.indiecentre.com has alot of copyright info, look around, great reference

[black mariah]

Nobody cares. Simply put, nobody cares. Putting a cover on a demo or small-time CD is NOT going to bring down the Wrath of the Majors upon thee. Unless you insist upon telling people you wrote the song in the first place. Then it's plagiarism and is a whole different thing.

[guitar4lyfe]

Im from the LA are scene and I think its easier for people here to spot it, I know bands who have had major problems from stealing lyrics for their songs.

[NewAndImprov]

I went through this recently, my band wanted to put a really twisted version of a jazz standard on our CD. The composer, still living, was registered with BMI, and I found the name & contact info of his publisher through their website. It took about 6 weeks of calls to get a response (or even a human being), and there was a pretty simple form to fill out. It end up costing us about $150 for a license for the 1000 copies of the CD we put out. If we press more, we have to contact them again. It was kind of a hassle, but I'm glad we did it the right way.

[evan]

As the others have said, unless you bonafidedly believe that you're on the threshold of making it big, whoards of mad fans at your heels, you really shouldn't worry about recording a cover without permission. Frankly, the number of bands who are commercially successful is infinitesimally small, and whether you and your cover are commercially successful is the pivotal factor in whether you'll be strung up and hung by a label. So, I say, do your cover, press a few copies, and have a ball.

[headache9]

Thanks for all the responses...I'll pass it along... good advice...I won't worry about small time demo's with covers but if they are planning on sending 100's of copies to labels I think I'll have em try to go thru the right channels & get permission..I'll do more research

[zoetrope]

You have gotten many well intentioned answers to your question that contain inaccurate information. Take a look here for some basics that will set you on the right track:
http://www.concentric.net/~Outlawyr/zoetrope/cover.html

Briefly, to the question "is it illegal", the answer is yes.
What can happen if you get caught and they care enough to sue. You're looking at damages in the 10s of thousands, regardless of how many copies you sell or how unknown you are.
If they don't care or don't sue, of course, the whole question becomes moot, like the tree falling in the forest with no one to hear it.

[Poppatwang]

Here's where you can get a license.
http://www.songfile.com/license_home.html
The Harry Fox Agency. The money goes to publishers & writers.
"Harry" takes a fee I'm sure.

[housepig]

let me add this -

it's not illegal to record a cover song.

it's not illegal to release a recording with a cover song on it.

it's only illegal if you don't pay royalties.

- housepig

[zoetrope]

it's only illegal if you don't pay royalties.

I agree, but that's sort of like saying it's only illegal to murder someone if it wasn't in self defense. I think at the level of the local band and the basement studio, it's pretty uncommon for people to bother with paying the licensing fee. It's also pretty uncommon for anyone to do anything about it.

[littlebrothersclothes]

I wouldn't worry about paying royalties for a 100-copy run. IIRC, Harry Fox Agency won't even touch mechanical licenses for less than 500 copies. And as producer, it's not your worry, unless you're also the label owner.

Doug

[zoetrope]

Oh, they'll take your money, but they'll charge you the rate for 500 copies even if you're only making one. More info at http://www.songfile.com/

You could deal directly with the copyright owner to avoid Harry Fox and its extra fees and minimum charges. I've done it before and it was pretty painless. The copyright owner is generally the label.