Can You get in trouble for playing covers in podcast?

[tokies]

i got an e-mail from a band who wants me to play there music in my podcast.... which hasnt even gone up yet. its a cover. a good cover that fits. but i dont know if im going to be able to get away with a cover??? even tho i dont run ads or try to make money off my podcast. i dont even run google adsense?

[WyethDigital]

The short answer is: If the band does not own all of the rights to the song, then you can get in trouble for playing it. Just because you are not profiting from the song directly, the band is using it to gain exposure, and may profit from that.

In any case, when you (or the band) use a song registered with BMI/ASCAP, it is usually licensed under their terms, and those usually prohibit unauthorized public performances. I know it doesn't seem particularly fair, but generally speaking, that's the way it is, unless the owner of the copyright and his assignees have agreed otherwise.

Of course, you're just starting out and may still be able to fly under the radar as it were, and be not get caught. But me, I would think twice about it.

Eric

[tokies]

Of course, you're just starting out and may still be able to fly under the radar as it were, and be not get caught. But me, I would think twice about it.

Eric


with my luck i'll get caught



i guess no jet plane for me

[WyethDigital]

i guess no jet plane for me
Yeah, kinda sux. Maybe you can find something else with a similar premise...

Eric

[sbourne]

i got an e-mail from a band who wants me to play there music in my podcast.... which hasnt even gone up yet. its a cover. a good cover that fits. but i dont know if im going to be able to get away with a cover??? even tho i dont run ads or try to make money off my podcast. i dont even run google adsense?

Whether or not you, the band or anyone else profits from any part of the podcast performance, if they don't own the copyright or a license then you most likely are in violation of copyrights. Profit has absolutely no relationship to whether or not there is a copyright violation.

[paulyb]

just get copywright holder permission! There are a million bands that WANT to be played on podcasts, some unsigned, some signed to smaller labels. We weren't "Podsafe" for about our first five shows and got an enquiry from a band asking us where we paid the royalties to. Scared the bejesus out of us and we sorted ourselves out quick smart (And deleted the early shows!).

There are loads of previous threads about this issue if you can be bothered to trawl through them. Suffice to say that there's a ton of music at podshow that's there for us all to use and if you particularly want to play a band that's not there, make sure they own what you're playing.

Good luck with it all. There aren't enough GOOD music podcasts out there...

[EclecticMix]

Definitely do not play the cover, that is an invitation for trouble. If the group wants to be played then they should be able to supply you with something original to play. If not, then believe me that there is more excellent independent music out there than you could ever play. Eclectic Mix (http://eclecticmix.com/) is starting to close in on being live for a year, and if I had a daily show then I would still know of a plethora of music that I just wouldn't be able to get around to.

Let me know if you need any suggestions. Eclectic Mix plays everything from Punk to Classical (literally) and if you're looking for something in particular then I'd be glad to recommend several starting points.

Cheers -

george

[tokies]

i was tempted tho :(

[MMM Commentaries]

Then how does a big show like Coverville get away with it? He pumps out so many shows a week, surely he doesn't approach the original artists for every cover he does each time he uses one?

Or doesn't he particularly care?

[EclecticMix]

Then how does a big show like Coverville get away with it? He pumps out so many shows a week, surely he doesn't approach the original artists for every cover he does each time he uses one?

Or doesn't he particularly care?

That I don't know (don't listen to that podcast). However, if it is a popular podcast and bringing in money, they may have enough to pay ASCAP/BMI for the use of the music. We're talking in the thousands of dollars, so it's a costly affair.

Cheers -

george

[spartacusroosevelt]

Coverville has done ASCAP/BMI licensing for a while. That pays the composers and writers of the song, so if he keeps it indie on the performance side, he's in what would seem to be pretty legit shape.

[WyethDigital]

Yep, I believe he's indie on performances, and pays ASCAP/BMI. It ain't cheap, though!

Eric