A thought on legality of distributing live covers (music)

[DanJ]

As I've started doing websites for a number of local bands around my area, I got to thinking about the legality of distributing cover songs, online. Its my understanding that bars and venue's pay a flat fee to ASCAP to pay the royalties for bands that perform there to do covers..but I guess that wouldn't apply to the distribution of it online...or I guess I don't think it would?

So, lets say a band does a cover at one of their live shows, they record it and then want to put it up for download, for free, on their website.

That legal?

 

[Zim Hosein]

Originally posted by: DanJ
As I've started doing websites for a number of local bands around my area, I got to thinking about the legality of distributing cover songs, online. Its my understanding that bars and venue's pay a flat fee to ASCAP to pay the royalties for bands that perform there to do covers..but I guess that wouldn't apply to the distribution of it online...or I guess I don't think it would?

So, lets say a band does a cover at one of their live shows, they record it and then want to put it up for download, for free, on their website.

That legal?

No, they "technically" have to pay the artist a fee for covering their copyrighted work.

 

[AlienCraft]

Originally posted by: DanJ
As I've started doing websites for a number of local bands around my area, I got to thinking about the legality of distributing cover songs, online. Its my understanding that bars and venue's pay a flat fee to ASCAP to pay the royalties for bands that perform there to do covers..but I guess that wouldn't apply to the distribution of it online...or I guess I don't think it would?

So, lets say a band does a cover at one of their live shows, they record it and then want to put it up for download, for free, on their website.

That legal?

Nope, you'll owe the songwriter as well as the holder of the mechanical rights, generally the publisher.
HOWEVER, it's relatively easy, as they can pay a standard rate to ASCAP/ BMI / whomever. NO negotiating/permission required.