Cover Versions

[aikidoka]

Hi - I am in the process of starting my own music podcast.

I have already got permission off several local bands that I know to use their music, but I was wondering how cover versions stand in a legal sense.

The band performing the cover has given me permission to use the track, which they regularly play at their gigs, but obviously, I don't have permission of the original artist (and neither do the band, to be fair!).

I imagine that in the eyes of the law, I would not be able to use the cover version, as although I am playing the band's interpretation of the track (which is completely different from the original) I do not have the permission of the copyright holder for the original track.

can anyone clarify this for me?

thanks.

Andy.

[simulacrum]

i think this varies from country to country, and i also think you may be able to find a topic similar to this around here somewhere...but you guess right. recordings of published music under copyright inevitably need a licence if you want to broadcast them.

i have just been quoted about £11,000 to record 11 groups of people sing along to a karaoke track of their favourite stars for a corporate event. nothing to do with podcasting but just shows how much playing (and playing with) music can cost!

[Brian]

I might be able to offer some advice...

You'll need the appropriate performance license for each track you want to play in your podcast, whether it's ASCAP, BMI or SESAC. Each songwriter licenses their music with one of those three agencies, and you'll need that agency's license to be able to play their music.

To find out which agency owns the performance license, you can check the liner notes of the CD for the original version to see which agency licensed the performance rights for the track. You'll need to pay the annual fee for each agenciy that licenses a track you wish to play. (ASCAP is about $280, BMI is about $280 and SESAC is under $200) Each of these agencies has a search feature on their site so you can see if they own the licensing rights for the song before you sign the contract.

Now, I don't fully understand the legal issues for the bands themselves, if they don't have permission for the performance rights to the track. It's my understanding that they need the same licensing from those agencies to perfom a cover version of a licensed track, but that may only apply to music that they release on recorded media.

Hope this helps!

[Big Mike]

To me it would seem like licenses are necessary, even if it's a cover, then let one of the acronyms figure out which turnip to strangle.

[aikidoka]

Thanks for all the replies... it is indeed murky water :?

I think I'm going to steer clear for the time being - call me a cheapskate, but I want to do this as cheaply as possible :)