Legal Use of Beatle Songs

kog · Post by **kog** » Tue Apr 12, 2005 1:54 pm

Here's a question for the legal eagles out on the forum. My buddy and I have been recording our own "tribute" versions of Beatles songs for about a year now. Our plan was to put them on a CD and give them to our girlfriends/wives and whatever friends would smile and nod kindly while thinking, "Oh my God, do I really have to listen to this?" We are in NO WAY selling these, we're not even standing in front of supermarkets and giving them away....this is purely a private just-for-us fun project.

Are there legal copyright ramifications here? I thought that it would only be an issue if we were performing someone else's songs for profit -- making these CDs and attempting to sell them, for instance. We are clearly not doing that, but since my friend is an actor, a member of SAG and AFTRA, he's worried that even putting these on a disk and GIVING them to someone is a "public performance" and fair game for lawyers seeking royalties.

Anyone out there with experience with this? How did you handle it, and if it DOES cost something, how do you find out about it, etc? Any info at all would be helpful. Thanks.

jps · Post by **jps** » Tue Apr 12, 2005 2:57 pm

I'd say your friend is right.

Scastles · Post by **Scastles** » Tue Apr 12, 2005 3:22 pm

Your primary concern is not lawyers but BMI, ASCAP and SESAC, the music publishing folks. They bring their own lawyers. These guys are only concerned about music for profit. Giving a CD to your wife, friend or whatever, with no intent of profit, resale or performance is not of thier concern. It's small potatoes. Legally, yeah, they could do something but highly unlikely (first they would have to get a hold of your CD). It's about as likely as all the folks who have made copies of CDs, Videos and DVDs, illegally. How many people do you know who have gone down for doing this?

chingnchime · Post by **chingnchime** » Tue Apr 12, 2005 4:39 pm

It's nothing. They'd have to prove you're profitting in some way, which you aren't. Have fun, and tell your paranoid friend to jump in the lake.

helterskelter · Post by **helterskelter** » Wed May 04, 2005 5:08 am

I wouldnt tell anyone what your doing, bands that play songs in bars/clubs etc play other peoples songs and never get done! we proberly wont have any live bands out there anymore if they got nabbed even though theyre publicly performing lol. You have no worries

people do this all the time, hope the songs are going well!

roadrunners · Post by **roadrunners** » Wed May 04, 2005 6:31 am

dont worry, you could print 50 and sell it in a local cd store.......and the chances of a large company investagating you for this would be so remote....like finding a 325 rickenbacker from 1958 that has been untouched

dean712 · Post by **dean712** » Wed May 04, 2005 2:45 pm

If I remember correctly, you can cover an artist's song with or without their consent, but you owe them a royalty on each unit you sell, something like a few cents per unit.

If you don't sell any, there's no royalty to claim.

Hope the recording goes well!

brammy · Post by **brammy** » Wed May 04, 2005 5:12 pm

Here's another question...

I know of a Beatles cover band (I SWEAR it's not me!!) who made a CD of Beatles songs in a home studio. Straight imitation of the originals and it came out pretty well. They made a nicely printed cover with pix of their band and even did a ripoff picture of the Abbey Road road crossing shot.

They sell them at their gigs for about $15 per CD. They dont sell a lot, but they do make some money at it (which of course is not reported to IRS).

If they were caught doing this, how much trouble would they be in? I have a feeling that they'd be in a bit more hot water than just owing a few cents to Michael Jackson. What are the possible penalties?

wayang · Post by **wayang** » Thu May 05, 2005 6:31 am

You don't want to get into hot water with Michael Jackson, that's for sure...

There's a story, don't know if it's true, about Bruce Springsteen walking into a bar in Wyoming and hearing some band play Born To Run...he subsequently had his 'legal folks' pursue cease and desist actions against some small-time working slobs...what a bad scene if it's true.

Only pure abject Capitalists try to extract money from a situation that doesn't involve any...they're similar to Petroleum Geologists that way...

brammy · Post by **brammy** » Thu May 05, 2005 9:34 am

However without the Petroleum Geologists and thier buddies we'd be running our guitar amps on cow chips, thus giving a whole new meaning to the song "Get Back".

wayang · Post by **wayang** » Thu May 05, 2005 4:39 pm

When that day comes I'll be playing gamelan full time...you don't have to plug in a gong. Meantime if I see Springsteen coming into the bar when I'm playing "Pink Cadillac" I'm switching straight into "Feelings".

(Just kidding...I've never played "Pink Cadillac"...)

jingle_jangle · Post by **jingle_jangle** » Thu May 05, 2005 5:02 pm

Yeah, Dane, you're more of a "Feelings" kinda guy...

ozover50 · Post by **ozover50** » Thu May 05, 2005 6:30 pm

If he does come in, Dane, gesture for him to come up close and when he does, give him a swift kick in the cods for me - I find his stuff awful!! Then again, he'd probably detest mine if he heard it!!

Peace, brothers...........

route66guitars · Post by **route66guitars** » Thu May 05, 2005 8:54 pm

Clubs that have live music generally pay a blanket fee to ASCAP, BMI, etc., to cover any performance of their client's music. It's not the live bands that pay it in a club situation...

brammy · Post by **brammy** » Sat May 07, 2005 8:22 am

A couple of the joints we play in (Honolulu/Oahu area) have a "Caberet" license which allows them to stay open later (and also means they have to offer live music a certain number of hours per day). I would think (guess) that if there is a blanket fee it would come out of their lecense fee.

Other places dont have that .... but what are we really talking about here?.... at any given moment there are a million and one bands out there performing covers of one sort or another. Does ANYONE every get fined or prosecuted for this? If so, I'd be interested to hear about it.