Legal issues regarding the DT/Portnoy split - Setting the record straight

[Madman Shepherd]

It is common knowledge that you can play other people's music live without having to worry about legal issues.

Not true.  It's just that it is rarely enforced. 

[ZirconBlue]

It is common knowledge that you can play other people's music live without having to worry about legal issues.

Not true.  It's just that it is rarely enforced. 

I'm curious where you got that information.  It's my understanding that, as long as the proper licensing fees are being paid by the venue, you can legally play any cover song you want.

1. When playing live, you can basically play any cover song you want.
By definition, cover songs are owned by someone else. You may wonder how you have the right to play this music anywhere. Most bars probably didn't seem worried when you covered "Freebird," even though they can probably guess that you didn't write it.

Playing any music owned by others, whether live or on the radio, is covered by the "performance right" that the copyright owner has. The performance right is simply just one of the many copyrights a copyright owner has. The law is written such that no one can stop anyone from performing their music. That's right. Lynrd Skynrd can't stop you from playing "Freebird" even though they, and everyone else in the room, want to. Even if you play it on a kazoo with a reggae beat - they still can't stop you. The owner does have a right to get compensated for it, though.

Yes, thanks to performance societies, you can play any cover song you want live at any venue. Performance societies collect money from the place you're playing for the rights to play anything in their catalog. So if you play "Freebird" at Benny's Burger Bar, it's Benny's responsibility to pay the licensing fee (usually a global, monthly fee) to the performance society for the right to have you play that song in his establishment. Benny also has to pay for the radio station playing songs at the bar, the jukebox in the corner, and the music that goes over the phone when he puts your booker on hold once again. These all count as "performances" in which copyright owners are owed.

source: https://www.indieguide.com/wiki/page/Copyright_for_Cover_Songs_and_Loops

[bosk1]

Dude, stop confusing the issue with the facts.  This thread is supposed to be about making kneejerk arguments that aren't based in reality. 

[ZirconBlue]

Dude, stop confusing the issue with the facts.  This thread is supposed to be about making kneejerk arguments that aren't based in reality. 

I'm sorry.  I'm such a noob.

[KevShmev]

[bosk1]

Somehow, that pic combined with the fact that the song What Is This? is playing and the fact that I'm especially tired and punchy at 6:30 this morning cracked me up.

[Kotowboy]

It is common knowledge that you can play other people's music live without having to worry about legal issues.

Not true.  It's just that it is rarely enforced. 

The band doesn't have to pay but the venue does.

[hefdaddy42]

It is common knowledge that you can play other people's music live without having to worry about legal issues.

Not true.  It's just that it is rarely enforced. 

I'm curious where you got that information.  It's my understanding that, as long as the proper licensing fees are being paid by the venue, you can legally play any cover song you want.

1. When playing live, you can basically play any cover song you want.
By definition, cover songs are owned by someone else. You may wonder how you have the right to play this music anywhere. Most bars probably didn't seem worried when you covered "Freebird," even though they can probably guess that you didn't write it.

Playing any music owned by others, whether live or on the radio, is covered by the "performance right" that the copyright owner has. The performance right is simply just one of the many copyrights a copyright owner has. The law is written such that no one can stop anyone from performing their music. That's right. Lynrd Skynrd can't stop you from playing "Freebird" even though they, and everyone else in the room, want to. Even if you play it on a kazoo with a reggae beat - they still can't stop you. The owner does have a right to get compensated for it, though.

Yes, thanks to performance societies, you can play any cover song you want live at any venue. Performance societies collect money from the place you're playing for the rights to play anything in their catalog. So if you play "Freebird" at Benny's Burger Bar, it's Benny's responsibility to pay the licensing fee (usually a global, monthly fee) to the performance society for the right to have you play that song in his establishment. Benny also has to pay for the radio station playing songs at the bar, the jukebox in the corner, and the music that goes over the phone when he puts your booker on hold once again. These all count as "performances" in which copyright owners are owed.

source: https://www.indieguide.com/wiki/page/Copyright_for_Cover_Songs_and_Loops

This is true for most big venues, and even a lot of theaters and clubs.  But I know of some smaller places that don't pay such fees, and they tell artists right up front that they can only perform originals in their venue.

This likely won't affect DT anywhere that they play.