JRNYMAN wrote:It seems to me that tribute bands are, by design, the epitome of someone/something that could be sued for copyright infringement. I mean they are, after-all, reproducing an exact likeness of a song that is protected by copyright and doing so for the purpose of financial gain.
So, my question is this... Do tribute bands who make it their livelihood to perform one particular band's material exclusively have to seek permission from the label and/or the band?
The reason I'm confused about this issue is because in some cases you hear about individuals contacting the band asking for permission and provide them with a written transcript of exactly how/when/where a particular song would be used (Ref. Monster, The Sopranos, etc.) On the other hand, I've never heard of ANY band having to get written permission to reproduce a band's material even though they did it on a nightly basis and seek to make a living doing it.
Is it because the band's actual recording isn't being used for personal gain? Or something along those lines? Jeremy, Jim, Anyone...?
sniper16 wrote:in the states, any one who plays music be it radio, sporting venue or bar must join bmi or ascap or the like and pay a regular fee say 500.00 or 1000.00 just as an example and then the publishing is payed to a band based on a formula of say dont stop beliving is played 25 times a month per club and another song is played 1 time a year, and the pool of money is split, any body can play anybodys songs, so journey could play any steve perry song without permission or recor it, unless they have entered into a secondary agreement not to play something in order to get something else out of the deal
Arkansas wrote:Here's another question. Was watching the NBA Finals the other night, and at the arena, they start playing Van Halen. What are the legals around that? Not only playing it for the local crowd, but through network broadcast, the whole country (plus) too. So who pays VH...the Spurs, the AT&T Center, the NBA, or ABC?
I can understand the local venue/org/team having an agreement with the music industry or a specific band. But when it's sanctioned by the NBA, and on network tv, does it get more complicated? I'd be really surprised if some savvy band lawyer hasn't already dug into this.
And btw, if the NBA actually owns all of the broadcast, do they have any say-so in what music the venue plays? And lets just say there's something questionable in a live broadcast. Does ABC have the right to dump it or mute it?
later~
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