Legal Use of Beatle Songs

harley · Post by **harley** » Thu Jun 02, 2005 1:26 pm

Dane - you mentioned, in another thread, that you had performed in concerts that raised money for Tsunami relief (trust me, I'm tying all of this together eventually) and it's likely that your Ric was involved and that, I'm guessing, some cover songs by artists other than your own bandmembers were played. So here's the important question ... you planning on doing any more?

I'm in the Denver area and a chance to hear music, see Rics in action and help those who have been impacted by a natural disaster sounds like a win-win-win situation for me.

Don't worry about Kent, I take attendance at all of the Vast Right Wing Conspiracy meetings and he's missed the last several. I think he's just pulling your leg. I mean, really, a Saudi or Canadian Republican? We barely let the Texans in!

(tongue thrust firmly in my own cheek - just past the normal foot position)

wayang · Post by **wayang** » Thu Jun 02, 2005 1:53 pm

Harley...right on, dude...as a guy once said on the Navy radio net in Antarctica: "Where is the location of your 20 at?"

You could shoot me an e-mail (address is in my profile), or check out the following sites: PW3theband.com (wierdo jazz) or tunasmekar.org (Balinese Gamelan). The Gamelan is going to be featured in the Boulder Fringe festival in August...with authentic Balinese dance...should be a good one to check out. PW3 plays out a fair amount...good place to see a '74 fretless Rick, if you're into that sort of thing.

As a member of the Half-vast Left wing Conspiracy, let me just say...aw, never mind.

ozover50 · Post by **ozover50** » Thu Jun 02, 2005 2:19 pm

Virtual applause.......

brammy · Post by **brammy** » Thu Jun 02, 2005 4:58 pm

>Let's have a virtual beer and move on.

good idea.... and not just virtually.

kog · Post by **kog** » Thu Jun 02, 2005 6:46 pm

Mmmmmmm....soooo anyway, as I was asking in my original post.....

ozover50 · Post by **ozover50** » Thu Jun 02, 2005 7:09 pm

What?? You still want an answer after all that??

Get outta here!!

kog · Post by **kog** » Thu Jun 02, 2005 7:16 pm

Quit while I'm ahead, Howard? Sound advice....

I withdraw the question. Tawk amongst yourselves...

ozover50 · Post by **ozover50** » Thu Jun 02, 2005 8:05 pm

brammy · Post by **brammy** » Thu Jun 02, 2005 9:58 pm

yea.... slight detour there.... whew.

Jerry... I dont think there would be any problem as long as you dont sell them.... and even then you'd either have to sell a lot or be very unucky before you got into any trouble.

wayang · Post by **wayang** » Fri Jun 03, 2005 9:10 am

But Jerry...don't forget: a Forum member discount, if you do...

kog · Post by **kog** » Fri Jun 03, 2005 7:14 pm

Thanks to all who took on the question. Seems the consensus is that I can avoid a lengthy prison term, unless of course, this is actually played for the PUBLIC, in which case there will be a run on tar, feathers, pitchforks and torches.

dean712 · Post by **dean712** » Sat Jun 04, 2005 9:36 pm

Only if money is involved. Good luck, Jerry, and I hope the project goes well!

gshadoan · Post by **gshadoan** » Tue Jan 10, 2006 12:31 pm

Ok, lets just for informations sake, say that money IS involved. How about the numorous tribite bands (not just beatles) out there in the world making scads of money. The Fab Faux. Bands that make 20K plus a night. What is the correct legal procedure? Is it still on the veune for these alledged blanket publising royalties? What if the Fab Faux records an album, sells it, makes money etc... Are they responsible for payments? What about the touring acts, Dark Star Orch comes to mind a greatful dead tribute, what do these bands have to do to get over on the payments? Anyone know?

atomic_punk · Post by **atomic_punk** » Tue Jan 10, 2006 12:35 pm

If they record it and sell it for profit, then they have to pay publishing on it. If you play a song live, you pay a performance royalty. Either way, you're gonna pay. (Ideally.)
That's why David Lee Roth made so much money when Van Halen toured, even though he wasn't in the band, he got money from performance royalties.
And, another reason Sammy didn't want to sing Dave's songs.

brammy · Post by **brammy** » Tue Jan 10, 2006 1:22 pm

>>>Either way, you're gonna pay.

Theoretically maybe, but there are tons of bands out there playing Beatle material for money who never ever will pay a cent in royalties.

I mean, lets get real here.... when my little band plays "And I Love Her" (as the one Beatle song on a list of 40 or 50 songs played that night) at a local club, do you think I send a portion of what we are paid to some publishing company? Fuggedaboudit... I wouldn't even know where to start... and even if someone told me where to send the money (10 cents?), I would just laugh at the idea.

And what about all the other covers we do (which is 80-90% of the songlist)? .... am I supposed to send out teeny weeny checks to dozens of publishing companies after each gig?... or wait until the end of the year and send out a bunch of checks then? Like I said... fuggedaboudit.

Having said that, I do know of a Beatles cover band who made decent recordings of themselves... packaged it in a nice CD case with printed label etc.... and then proceeded to sell them at their gigs. THAT I can see would raise the eyebrows of some IRS agent... IF they reported the income, which I'd bet they dont.

(ps: Yes, when my band gets paid for a gig, we do report the income to the IRS. Checks are made out to me as the contractor, and I turn around and (after deducting 4 percent gen excise tax) cut checks to the other band members as independant subcontractors. I report the income and all the payment deductions. Whether or not the other band members report their income to the IRS is none of my business.... "dont ask, dont tell", you might say. Even in the unlikely event that I'm audited, I seriously doubt the IRS agent will ask me how many times we played a Beatles song and whether or not I sent a check to Michael Jackson)