Performing Cover Songs

[adventurechick 0]

I work at a small, hippie coffee shop and we have open mic once a week. We've been dubbed as having the best open mic in orlando. We never charge a cover to get in and different musicians will go up on stage and play their songs as well as covers. It turns out the record companies have sent their employees in anonymously to sit and listen to the music at our coffee shop and we are now being sued since some of the bands perform cover songs. Does anyone know the law on this. We have a house guitar always hanging up that anyone can play.. is it illegal for them to pick it up and play any type of cover inside a public place or only illegal to perform cover songs on stage?

PMS #449 TPM #80 Muff Brother #3860
SCR #14705 Dirty Sanchez #233

[wildcard451 0]

What a bunch of assholes.

[BigSky 2]

What the hell? I dont see how they could sue you if you are not charging for the music.

What is this world coming to

“Sometimes when I reflect back on all the beer I drink I feel ashamed. Then I look into the glass and think about the workers in the brewery and their hopes and dreams. If I didn’t drink this beer, th

[Icon134 0]

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What a bunch of assholes.

This bears repeating...

Livin' on the Edge... sleeping with my rigger's wife...

[Thanatos340 1]

I used to have to deal with this crap when I DJed strip clubs..

Let me guess.. It is ASCAP and/or BMI threatening to sue you??

The reality is "It is against the law" to play copywritten music in ANY public place (whether you charge to get in or not) unless you pay ASCAP and/or BMI for the right to do so.

This money is distributed to the original song writers.

I know some of the Clubs I worked at had to pay between $1200 and $4000 per year to be able to legally play music.

[BillyVance 34]

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What a bunch of assholes.

This bears repeating...

Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!!
Motherfucking greedy goddamn ASSHOLES!!

How was that?

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[swedishcelt 0]

It is the same technically with churches too.
You have to pay once a year to the song companies to put their music on the overhead and have people sing in church. Isn't that also whack? The only exceptions are music whose copyrights have expired.

[swedishcelt 0]

How does kareoke get away with it? Who do they pay? I bet they have to pay someone...

[Slappie 9]

Hmm this is an outrage... so it what they've done to Internet Radio Broadcast.


I wonder how long it takes till this winds up in SC.

"Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."

[chaoskitty 0]

Obviously if the business is being sued, the owner will have to get a lawyer who can answer these questions.

But what a bunch of lame asses.

[Gato 0]

This is nothing new, however I find it surprising that you've essentially been "targeted."

(Also, ipod kids, this is not an outrage, and it's not "the man keeping you down.")

Here's the deal: If you perform someone else's material in a public place, regardless of whether a performer is being paid, it is considered a public performance, and is therefore a "reproduction." You know the little warning on the front of a DVD that says "Reproduction or public performance prohibited by law?" Well, the same thing is on your CDs' liner notes. If the owner sells one additional cup of coffee because of that performance, he has to pay for that. Period.

If you don't want to pay the fees, you must never allow any rendition of any cover song to be performed in the shop. But I'd ask you this: How many customers stick around for all original stuff? (By the way, to a business owner, the friends and parents of the performers don't count.)

Nightclubs, casinos, and any restaurant that has live music, broadcast major sporting events, and the like all have to pay fees to companies like BMI or ASCAP, which are essentially clearing houses for artists and record companies. They make sure artists get paid. When Chevy used the song "Like A Rock" their truck commercials, it was one of these companies that made sure Bob Seger got paid (well) for it. Rappers have to pay to hijack the beats and hooks of our favorite old songs for any of their "remakes." Can you say, "Vanilla Ice?"

If the owner doesn't have one, he needs an attourney. In all probability, the suit won't go very far, he may have to pay some back fees and make sure he's paying into the system from now on.

Being in business is complicated. Owning a food/drink establishment is infinitely more complicated. It ain't like havin' a lemonade stand.

Speaking as a professional musician, I can tell you that if you perform any of my songs in public, you can bet your ass I want to be paid for it. My mortgage absolutely fucking demands it. I don't work for free, and you don't either.

Thus endeth the rant.

T.I.N.S.

[Gato 0]

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Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!! Assholes!!
Motherfucking greedy goddamn ASSHOLES!!

Yeah, the guy who signs your paycheck says exactly the same thing every month.

T.I.N.S.

[Thanatos340 1]

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Nightclubs, casinos, and any restaurant that has live music, broadcast major sporting events, and the like all have to pay fees to companies like BMI or ASCAP, which are essentially clearing houses for artists and record companies.

ANY Music. Not just Live.
Like I said. as a DJ, Playing recorded music that I bought and paid for.. I still had to pay ASCAP because I was playing it in a Public place.

Technically if you have Music playing at your DZ, ASCAP "COULD" come after the DZ. They probably would not but they technically could.

[Gato 0]

Oops!

Right you are, Thanatos - i forgot to mention DJs, karaoke, and juke boxes.

It would be interesting to see a breakdown of yearly cost comparisons (BMI fees VS. food cost, utilities, rubbish removal, insurance, and payroll, etc.) I'd be willing to bet the cost is worth it.

By the way, when I said BMI, I meant Birdman Instructor.

T.I.N.S.

[Buried 0]

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By the way, when I said BMI, I meant Birdman Instructor.

BMI's still exist?

Where is my fizzy-lifting drink?

[adventurechick 0]

Thanks for the clarification. The owner is working things out, but until then all Open Mics now can not have any covers.

PMS #449 TPM #80 Muff Brother #3860
SCR #14705 Dirty Sanchez #233

[Misternatural 0]

In the meantime, you'll enjoy the original music people have written. Yeah, some of it sucks- but there will be some gems that people will bust out which no one has heard before and will surprise everyone. The caviat to that is that playing original music in public is also how good material gets stolen, which is another copyright issue, but most people who play out know the risks. I used to play out in an electric cover band and eventually had to deal with the copyright issues, once you get a BMI or ASCAP sticker on your door they will leave you alone....cheers.

Beware of the collateralizing and monetization of your desires.
D S #3.1415

[Bolas 5]

Just tell people to change a few words and call it a parody.

Stupidity if left untreated is self-correcting
If ya can't be good, look good, if that fails, make 'em laugh.

[Bolas 5]

http://www.youtube.com/watch?v=oXR4T8xVFdw&NR=1

Stupidity if left untreated is self-correcting
If ya can't be good, look good, if that fails, make 'em laugh.