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#959661 - 05/14/12 03:55 PM Music Rights  
Joined: Dec 2007
Posts: 9
Drew Davis Offline
Casual Observer
Drew Davis  Offline
Casual Observer

Joined: Dec 2007
Posts: 9
I've been singing my own songs at venues but want to add old standards (Haggard, Kristofferson, Hank Williams, and such) to my performance. Have not done so because I'm not sure how to deal with copyright and permissions. What is the proper procedure to be allowed to do so?

#959663 - 05/14/12 03:59 PM Re: Music Rights [Re: Drew Davis]  
Joined: Feb 2007
Posts: 10,528
Kevin Emmrich Offline
Kevin Emmrich  Offline


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Joined: Feb 2007
Posts: 10,528
Crozet, VA
Drew,

It is my understanding that getting licenses from ASCAP, BMI and SEASAC to perform "cover" material is the sole responsibility of the venue, not the performer.

Just noticed that this was in the mentor section. I am not a mentor, but I am sure that this is the case. I don't know of any exceptions either.


"It's supposed to be hard. If it wasn't hard, everyone would do it. The 'hard' is what makes it great."
Kevin @ bandcamp: Crows Say Vee-Eh (and Kevin @ FAWM 2017)
#959712 - 05/14/12 08:56 PM Re: Music Rights [Re: Kevin Emmrich]  
Joined: Dec 2007
Posts: 9
Drew Davis Offline
Casual Observer
Drew Davis  Offline
Casual Observer

Joined: Dec 2007
Posts: 9
Thanks Kevin.

As far as I'm concerned, anyone willing to provide knowledge I don't have qualifies as a mentor to me. smile
The venues I'm primarily interested in are craft shows, town fairs, flea markets, etc. I guess I better ask them what kind of license they have. (My wife does the crafts and travels to these things. Thought we might combine our efforts)

#961373 - 05/26/12 01:44 PM Re: Music Rights [Re: Drew Davis]  
Joined: Apr 2001
Posts: 8,574
Mike Dunbar Offline
Mike Dunbar  Offline


JPF Mentor

Joined: Apr 2001
Posts: 8,574
Nashville Tennessee
Here in the U.S., it is up to the venue to pay the PRO (the Performance Rights Organization, such as ASCAP, BMI etc.) the question here is: are you, being the vendor at such fairs, the venue? That's a good interesting question for an attorney, which I am not. If indeed you are the venue, you might get a travelling PRO license. Now, if it were me, and again, I AM NOT A LAWYER, I'd just do it until somebody told me I couldn't. This is not advice, just a personal testimony. smile


You've got to know your limitations. I don't know what your limitations are. I found out what mine were when I was twelve. I found out that there weren't too many limitations, if I did it my way. -Johnny Cash

It's only music.
-niteshift

Mike Dunbar Music

#961382 - 05/26/12 02:55 PM Re: Music Rights [Re: Mike Dunbar]  
Joined: May 2001
Posts: 6,817
Ray E. Strode Online content
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Ray E. Strode  Online Content
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Joined: May 2001
Posts: 6,817
Brunswick, Ga. USA
It is of course the Venue's responsibility to pay the Pro License. My sister-in-law was part of the Lake Wales, Fl. Christmas Parade. When I mentioned the Pro's she told me they billed the City for the use of the music. It was a Blanket license and I believe she said it was several hundred dollars. Now that poses a question. Many Fairs around the country usually have some live music shows. I wonder if they pay a fee to the Pro's.


Ray E. Strode
#961487 - 05/27/12 11:38 AM Re: Music Rights [Re: Ray E. Strode]  
Joined: Apr 2001
Posts: 8,574
Mike Dunbar Offline
Mike Dunbar  Offline


JPF Mentor

Joined: Apr 2001
Posts: 8,574
Nashville Tennessee
Ray, you're absolutely right. I'm sure all the big fairs (State Fairs etc.) do pay, because they get approached by the PROs. Of the smaller ones, it depends on whether they show up on the PROs radar. But in the case of craft fairs, I'll bet each vendor is considered a seperate entity, responsible for their own taxes and regulatory compliance, so, possibly, they'd be responsible to the PROs.


You've got to know your limitations. I don't know what your limitations are. I found out what mine were when I was twelve. I found out that there weren't too many limitations, if I did it my way. -Johnny Cash

It's only music.
-niteshift

Mike Dunbar Music

#986360 - 12/02/12 06:08 AM Re: Music Rights [Re: Mike Dunbar]  
Joined: Nov 2012
Posts: 6
Michael Ofi Offline
Casual Observer
Michael Ofi  Offline
Casual Observer

Joined: Nov 2012
Posts: 6
CA
A friend who performs at a number of farmers markets recently told me that the farmers market organization was approached by one of the PROs about the farmers market's lack of licensing for the songs my friend performs.

Just an anecdote, but it does suggest the PRO considers the farmer's market itself to be the venue.

#986432 - 12/03/12 03:48 AM Re: Music Rights [Re: Michael Ofi]  
Joined: Feb 2005
Posts: 6,117
Dave Rice Online content
Top 40 Poster
Dave Rice  Online Content
Top 40 Poster

Joined: Feb 2005
Posts: 6,117
Texas
Hi Drew:

I suspect that a craft fair type venue is not normally into providing music... naturally, there are exceptions... but from what you've said, it sounds like you are "the venue" in this case unless the craft show or fair has asked you to perform cover songs along with your own. If that is the case, there are several on-line sources that can "fill the bill" for you electronically. I have no idea about the fee structure but since it's for a "county fair atmosphere"... I doubt it would be much.

Now, if you are talking about making CD's and selling them to include the cover songs, that's a slightly different ballgame but can still be accomplished via the same electronic format.

Wish I could remember the names of these organizations but do a google lookup. I don't do covers on my CDs and I never perform in public so consider my "advice" with appropriate caution.

All the best,

Dave

#987778 - 12/13/12 04:58 AM Re: Music Rights [Re: Drew Davis]  
Joined: Sep 2011
Posts: 571
Pat Hardy Offline
Top 500 Poster
Pat Hardy  Offline
Top 500 Poster

Joined: Sep 2011
Posts: 571
The fees are paid by the club owner to ASCAP, and even if they
are bucking the system, like probably a lot of small venues,
it's not your problem. Just play whatever you like and have fun !

Pat Hardy Lockwood


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