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February 23, 2007
Sing that song again and I'll bust an ASCAP in your BMI
This bar in Florida isn't the only house of karaoke I've heard about recently that's been at least threatened with legal action by the publishing houses.
Now, y'all know that I want good songwriters to be able to make a decent living at their craft. This ain't about that.
I also surmise that karaoke brings in a whole pile of dough, and other people want a piece of the action.
But leaving aside sing-along machines, whose owners perhaps should pay licensing fees, if only for all those lyrics: I'm here to ask about covering a song, as a live band or solo act. Where are the lines, legal and otherwise, that should or shouldn't be crossed? The wife's cousin got married a few years back, and her wedding reception featured a really hot band from Nashville (forget their name), whose business it is to bring credible performances of well-known pop songs to dance floors across the region. Do they, or those that hire them, have to pay to play? Perhaps not, if all the events are private?
Now, let's take the example of an act that largely specializes in original tunes, yet, during a particularly energetic set at the local dance hall, launches into an impromptu rendition of a copyrighted song. How does an unplanned cover fit into the mix? I am of the opinion that a performance is a performance, even if some of the content of that performance was initially generated by another. My version of "Wharf Rat" would put a speed freak to sleep; but it's mine, in addition to being Robert Hunter's and Jerry Garcia's. And tomorrow night's is a whole different one.
Any insight is welcome, because I have long ignored this side of the music business. I would just think you'd want to be careful to avoid confusing creative rights with corporate behavior.
Guitar Blogging | By joe lance | 09:32 PM