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Question about legality of a cover.
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| Takkra |
I don't know how many "I kissed a girl" covers I've seen on Dance-Tunes like websites, mind you -covers- not remixes.
And i'm also pretty sure they didn't all asked Kate Perry's managers for permission to cover the track. Or like Vanilla Sky covered Rihanna's Umbrella.
OR, can you just do that? Just make a cover of an already existing song? If anyone has more information on this and willing to share it with me, I'd highly appreciate it!
Thanks in advance! |
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| Stephen Wiley |
Do a search and check history.....
You can cover any track if the track contains nothing from the original. Some have mentioned a mechanical fee regarding covers on instrumentals, but I doubt many, if any, EDM producers pay it or even know about it.
Several covers have been done in dance music using extremely popular main stream songs. I guarantee that few very, if any, bothered to ask for permission or received permission.
Don't worry about it but you better make damn sure every single element you use is original. |
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| Zombie0729 |
| if your not making money off it no one is going to go after you. if you are making money be prepared to ruin your life (and probably your parents) |
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| RichieV |
| quote: | Originally posted by Zombie0729
if your not making money off it no one is going to go after you. if you are making money be prepared to ruin your life (and probably your parents) |
they will likely just ask for a large percentage of the writting/publishing and retractively recoup royalties due as well as those to come. You have to be selling a significant amount of units for anyone to care. They won't sue for damages so you can only really loose what you had gained by using copyrighted material.Over time, labels will be less stern and start seing these bootlegs as a form of promotion. |
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| Zombie0729 |
| quote: | Originally posted by RichieV
they will likely just ask for a large percentage of the writting/publishing and retractively recoup royalties due as well as those to come. You have to be selling a significant amount of units for anyone to care. They won't sue for damages so you can only really loose what you had gained by using copyrighted material.Over time, labels will be less stern and start seing these bootlegs as a form of promotion. |
you only owe performance/publishing royalties if you get it re sung but if you blatantly steal from the original master you are breaking copyright infringement which is a big offense. not worth it (unless you're doing it as a bootleg which you can and i have) |
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| DJ RANN |
| quote: | Originally posted by Stephen Wiley
Do a search and check history.....
You can cover any track if the track contains nothing from the original. Some have mentioned a mechanical fee regarding covers on instrumentals, but I doubt many, if any, EDM producers pay it or even know about it.
Several covers have been done in dance music using extremely popular main stream songs. I guarantee that few very, if any, bothered to ask for permission or received permission.
Don't worry about it but you better make damn sure every single element you use is original. |
Not true - the copyright covers the song so if you cover (copy) the melody or lyrics you are in breach of the owners rights. You'd be suprised how many record labels actually get permission for covers of large songs. Promo's don't really matter as they are not to make money from so legally there would be no point for the owner to pursue unless to expensively prove a point.
Remember the "trouble with me" - the Barry White House tune? That was done without permission and when it started to get radio play, the label went to clear it - reps for the right of the song said to use Barry's vocals they wanted $100,000. They couldn't afford that so instead they negotiated and re-recorded the vocals with a cover artist and only had to pay $10,000 for the rights of the lyrics. |
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| RichieV |
| quote: | Originally posted by Zombie0729
you only owe performance/publishing royalties if you get it re sung but if you blatantly steal from the original master you are breaking copyright infringement which is a big offense. not worth it (unless you're doing it as a bootleg which you can and i have) |
there is law and there is what usually happens. In most cases, they will demand most of the writting/publishing and the royalties due. Copyright law is extremely vague and it is very at odds to how most claims end up.
There are exceptions of course but i think you will find most situations are resolved in the manner i mentioned.There are some hardliners that hate sampling (Paul Simon ) and will stop it because they can , but again , this is a minority that is shrinking. Most people are realizing the remix is not impacting their own sales and i think if anything, it generates more interest in the original.
And to the fellow above, yes the copyright covers the melody and lyric and i supose the soundrecording , but there are so many confoundants. If the remixer makes it different enough, the work can be considered a new work with an uncleared sample. This is why i mentioned the idea that they will ask for a large percentage of the artist/publishing rights.
Really it all depends on the situation. They only bring out the big guns for remixes that are making exhorbant amount of money or if the orginal artist is a hardline ass. |
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| zodiac9 |
You can't legally rip off another artist's music or lyrics, under any circumstances.
If you are going to sell a cover song, better get permission. Here's how:
http://www.cdbaby.net/dd-covers
If you aren't going to sell it, you are still infringing on the copyright, but most likely no one will come after you. Just ask for permission, that way you don't have to worry about it. If you ever happen to get a music career, even a small one, you don't want a bootleg cover out there with your artist name on it. |
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| whiskers |
| quote: | Originally posted by zodiac9
If you ever happen to get a music career, even a small one, you don't want a bootleg cover out there with your artist name on it. |
I think if it's a remix with the original artist and title, it should be allowed... music is about expression, whether it's original or remixed. Saying it's all about the royalties and the fees, that's, like, BS, man.
I'm thinking like such a hippie... |
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| RichieV |
| quote: | Originally posted by zodiac9
You can't legally rip off another artist's music or lyrics, under any circumstances.
If you are going to sell a cover song, better get permission. Here's how:
http://www.cdbaby.net/dd-covers
If you aren't going to sell it, you are still infringing on the copyright, but most likely no one will come after you. Just ask for permission, that way you don't have to worry about it. If you ever happen to get a music career, even a small one, you don't want a bootleg cover out there with your artist name on it. |
You can use material under some fair use circumstances but really, i think the important issue is understanding that law in theory and law in practice are very different. If you only sell 1000 copies, nobody will care. if you sell 10 000 copies, maybe someone will claim ownership and settle for a healthy portion of the royalties. If you get permission , you will automatically be paying the royalties in the first place and they will usually demand at least 50% so you aren't any better off. Breaking the law is often a calculated risk that many household companies make every day.
Even if someone said you have to pay 10 000 to use my voice, and you do it anyways. They can sue you in civil court and then they have to prove that your version hurt their sales. It is very hard. And nobody ever goes to criminal court because the plaintiff gets to see you pay a fine but they still don't see a dime. |
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| palm |
| Kate Perrys version is a cover too u stupid :D |
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