Arch said:I think if they played Oops I Did It Again in its entirety live, the band or the management must pay royalties to Britney Spears and probably might cost a lot of money to do so.
Wings of a dream said:Really for a live cover? Didn't they already have to pay that when it was released on a cd?
Nick Brookes said:it wont go to her, it will go to the song writer
Are You Dead Yet? said:exactly. Just notice how on the In your face single her name isn't mentioned in the credits, just the writers on the song... two weird dudes. They payed their credit and thats all they need. You can't get sued at a show or have to pa royalties for covering a song. Bands do it every single day.
Are You Dead Yet? said:exactly. Just notice how on the In your face single her name isn't mentioned in the credits, just the writers on the song... two weird dudes. They payed their credit and thats all they need. You can't get sued at a show or have to pa royalties for covering a song. Bands do it every single day.
Copyrights:
There are two distinct copyrights associated with a song, one that covers the song itself, and one that covers a particular recording of the song. For example, the author of a song might hold the copyright on the words and music; while the person who actually performed the song might hold a copyright on the actual recording of them playing the song.
In order to perform a given song, the performer would need the permission of the holder of the copyright on the song itself. In order to distribute a recording of a given song, the distributor would, in addition, need the permission of the holder of the copyright on that particular recording.
Traditionally, the distribution of a recording, and the public performance of a recording were treated differently: to distribute a recording, you needed the permission of both copyright holders; but to play a recording in public (e.g., at a business or on the radio) you only need the permission of the copyright holder of the song, not of the recording. This is because the copyright was considered to apply to a physical recording of a song, and not the sounds themselves. So the reality was, if you were playing a song aloud, you were not violating the copyright of the owner of the recording. It was only considered a violation if you were making a copy of the recording onto some media (like pressing a record or burning a CD.)
One of the complications with internet broadcasts is that various parties are arguing over whether they should be considered performances of recordings, or the distribution of recordings. Is it a broadcast, or is it a copy?
Note that you need the permission of the copyright holder of the song for any performance of it: if you own a restaurant, and you play CDs, you're expected to pay for the right to do that.
Performance Rights Licensing Agencies:
There are three major organizations that represent the copyright holders of songs. When you pay for the right to perform a song, you do so by paying one or all of these organizations, rather than by paying the actual copyright holder directly. This simplifies things to some extent, since you don't have to figure out who the eventual copyright holder of each song is: you merely write a check to these three organizations, and trust them to figure it out.
These organizations are:
* ASCAP: American Society of Composers, Authors and Publishers;
* BMI: Broadcast Music Incorporated;
* SESAC: Society of European Stage Authors & Composers.
Despite the odd names, all three companies do the same thing. ASCAP and BMI control somewhere in the neighborhood of 98% of this business. Artists and/or their record labels get to choose which of the organizations they will allow to represent them; from the point of view of someone licensing the music, it's fairly random. You can't really predict which of these organizations any given band will have chosen.
So, when you want to perform music, you pay all three of these organizations. Rather than asking you which particular songs you're playing, they just charge you a blanket rate for access to their entire catalog; and then they make their own decision on how much of your money to pass along to the various copyright holders. They do this statistically, by looking at the popular music charts: rather than paying the particular artists you've played, they just assume that almost all of your money should go to the most popular stars.
CRÄZ£D_HØR§£MÄN® said:They played a bit of it in seattle after the keyboard guitar face off...so no youre not special.
Arch said:Part 2:
http://www.dnalounge.com/backstage/webcasting.html
The person who wrote this is a nightclub/venue owner in Northern Calfornia. Of course, this is the type of legalities a person must be aware of when they host bands. It's not only his words, if you do a google search on "live performance royalties RIAA" you'll find the same thing.
Britney Spears (her, the management, and/or her record label is a member of the RIAA)
http://www.magnetbox.com/riaa/
Do a search on her name.
Lastly, yes, A LOT of bands perform A LOT of cover songs and may not even know about this. And yes, people and businesses have been sued or fined for not coughing up the money. RIAA and other organizations hire people to shake these businesses down for money.