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-   -   Advice needed on copyright issues if posting covers on Youtube (http://www.drummerworld.com/forums/showthread.php?t=58842)

keep it simple 02-15-2010 08:34 PM

Advice needed on copyright issues if posting covers on Youtube
Pretty much says it all really. I'm just finishing the recording of three cover songs. Local demo studio, nothing special. Mainly to put some content on our band site. We shot some video and intend to post it on Youtube. I see lots of covers on Youtube. Most have some form of text attached. Sighting copyright fair use para's, crediting the original artist, etc. We can do this too but I'm concerned that a studio recording (even if it's not that great) may trigger some sort of reaction compared to a recording of a band doing a cover song in a local bar. I'm sure the law doesn't differentiate but I'm still wary. The recording will not be sold, or available for download so there's no commercial gain for the band or negative implications for the commercial attractiveness of the original material. Has anyone done something similar or have any clarification available to me? Much appreciated, KIS.

DrumEatDrum 02-16-2010 12:29 AM

Re: Advice needed on copyright issues if posting covers on Youtube
Posting any covers playing along to a copywritten song is a clear violation of federal law, and against Youtube's terms of service.

So many people get away with it because the record companies and such can't keep up with reporting the sheer number of videos. But many are often taken down as discovered.

People post disclaimers, but such disclaimers have no legal standing.

Now, posting your band playing a cover song that is completely 100% your bands performance is another issue. Now you're getting into music publishing area.

Technically, you're free to play a cover song as long as the publishing fee is paid.
As discussed in other threads, bars and clubs usually have a blanket license they pay for the rights to have music in their venues. Radio & TV stations generally pay per song.

This is a sticking point right now with Youtube.

A judge recently rules that Youtube owes ASCAP $1.6 million in back publishing fees

What has not been resolved is how this will work going into the future.

Side note: I'm reading the book "Bumping into Geniuses" by long time music executive Danny Goldberg (worked with Led Zepplin, Stevie Nicks, Nirvana, among others) and he discusses how most bands barely make any money selling records, but the bulk of a bands income comes from music publishing.

rogue_drummer 02-16-2010 12:57 AM

Re: Advice needed on copyright issues if posting covers on Youtube
My band is dealing with this right now. We play covers and originals and are making plans to go into the studio soon to record our originals. Plan A is to post several originals on our web site, plan B is to record enough originals to release a decent CD, plan C is to shoot several videos of us playing our originals in public and post on our site and on You Tube.

As far as posting covers and shooting videos of covers for You Tube, we all agreed not to do that simply because we don't want the possible fine and/or hassle that comes from doing that. We WILL however play covers in bars and other venues since the bar should have a blanket license.

When ZZ Top was coming up through the ranks, it was noted as a great day for the band when they didn't play one cover at a gig; they only played their originals and were successful in doing it.

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