Songs, copyright and cover versions

E

eco_bach

Well-known member
Hi
Filming a short narrative involving 2 actor-musicians who will be doing a cover version of a song by a well known band. Actually not even the whole song just the last 30 seconds.

Are there any guidelines in terms of copyright violation in this case? Do I need permission from the original artist or even record label to do a cover version?

This is for the web only.

Thanks for any feedback!
 
eco_bach said:
Hi
Filming a short narrative involving 2 actor-musicians who will be doing a cover version of a song by a well known band. Actually not even the whole song just the last 30 seconds.

Are there any guidelines in terms of copyright violation in this case? Do I need permission from the original artist or even record label to do a cover version?

This is for the web only.

Thanks for any feedback!
Click to expand...

If you can get written permission from the songwriter or music publisher it would be best, but other copyrighted performances are not relevant since you are not using those recordings. For an excerpt it is a bit of a gray area and could be considered fair use. Might could get permission at no cost for a credit if you can get to the right person, then you would be covered.
 
Razz16mm said:
For an excerpt it is a bit of a gray area and could be considered fair use. Might could get permission at no cost for a credit if you can get to the right person, then you would be covered.
Click to expand...

There's no grey area here. The music and lyrics are copyrighted separately from any recorded version, and you need copyright clearance/licensing to use them.
 
I'll jump in since this is an important issue. There is no minimum amount that is usable. The BEATLeS lost on nine notes and they had much better lawyers than you do.

"Fair use" only comes into play with parodies, news coverage (and arguably in some documentaries), and in the classroom. Also it's a defense, so the only way you know you are covered is when they sue you and the court decides you fall under fair use, so $$$$$$$$$.

Now there is/was some agreement YouTube had at one point where some songs could be used with credit. I know some folks did it but I have no idea what the procedure is. But I don't think it would help you anyway since your bands cover of a popular song isn't likely to help sales of the original.

So you are left with having to get the rights. Since it's a cover it's cheaper than the recording but it's still probably way over your budget. IF you can contact the composer they might let you use it. Probably worth a try.
 
Oh as an add on. I'm not sure where you are located but different countries have different laws. Out side of a few comunist countries nobody is going to let you use the song but some places have significantly stronger penalties than the US. In Canada copyright violations come under the criminal code and you can do time. In wimpy America we only sue you and take all your possessions ;~)
 
Which is, in almost all save the most rare of cases, the publisher (at least, they are the administrator and therefore the de facto "owner" of the copyright).

GJ
 
Noiz2 said:
Out side of a few comunist countries nobody is going to let you use the song but some places have significantly stronger penalties than the US.
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Well not quite a 'communist country'... the photographer, Alberto Korda, who took the 'iconic' picture of Che Guevara, allowed/ignored general 'use' without licensing of that image... but did take the ad agency that supplied Smirnoff with the image to court on their 'commercial' use of the image.

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However, Korda did not want commercialization of the image in relation to products he believed Guevara would not support, especially alcohol. This belief was displayed for the first time in 2000, when in response to Smirnoff using Che's picture in a vodka commercial, Korda claimed his moral rights (a form of copyright law) and sued advertising agency Lowe Lintas and Rex Features, the company that supplied the photograph.[17] Lintas and Rex claimed that the image was in the public domain. The final result was an out of court settlement for USD $50,000 to Korda,[18] which he donated to the Cuban healthcare system, stating "if Che was still alive, he would have done the same."
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