I agree to an extent... the issue arises when your cover gets used in place of the original as it bypasses any copyright laws... for example someone using your version of a song on their short film... i'm not a big fan of copyrighting, but i'm not a big fan of music being allowed to make people millions of dollars either... then the whole issue probably wouldn't be so big.

As long as the original artist is always known and clearly acknowledged...

The real dodgy factor comes into play when bands come along and play their 'originals' and they sound exactly like another band... i don't know how many 'original' beatles tunes and nirvana tunes i've heard... and now that music is driven by the market... every band sounds the same anyway!!!

blurry lines.

Covers are a tricky issue - I can play one during a set live, but the whole recording and distribution means you could be profiting from someone else's work. My new band recorded a cover song and we are currently seeing what needs to be done to use it. My singer happens to own her own gold record and has plenty of contacts so we may actually be able to get in contact with the original artist. I think covers are great as long as you make it your own. Just remember you will be compared to the original so it better be good or people will give you hell.
I remember hearing Cheryl Crow's versions of "Sweet Child O' Mine" (without the famous riff!) and "Dyer Myker" and felt she killed the songs!

I once was contracted to write a parody of the monkees tune "I'm a Believer" and sent out some letters. By the time Niel Diamonds' people wrote back and said hell no, I had written the song and wasted a bunch of mula hiring some session players. I charged the guy, gave him the letters saying no way, and explained the situation to him. I told him this was possible beforehand but he didn't listen. Now he was out a crapload of cash and mad at me. I was indifferent. It was a retarded song. "I'm a Pot Dreamer" damn potheads thinking they have the next big thing when really they just ruined a song.

oh but in response, I think covers are fine to record to help practice, and with permission can be released, however as state above I think all music is recycled nowadays anyway, as well as film scripts... dont see many originals coming out, just re-makes.

The topic interests me as I was thinking of recording some covers for practice purposes. I wasn't sure about uploading them to soundclick (with blocked downloads and a no derrivatives policy and crediting the original artists of course) and now I'm still not sure about it. I guess I won't upload them at all, at least not entire songs. Maybe just bits and pieces. It doesn't make much sense to have people listen to how I butcher songs anyway.

If your band is in a bar playing covers all night are you technically breaking copyright laws?

I think the establishment where the band is playing is "supposed" to pay RIAA a royalties fee to allow bands to play covers.

But in a bar or nightclub enviornment I agree with paying royalties (weather it's the bar or the cover band) because this is producing a profit from the performance of the cover song.

Sharing online for no profit should be differen't as the only thing you could gain from it is to better (or ruin) your reputation as a musician.

Hmmm... this is actually an interesting question.

If the music companies are trying to clamp down on tab sites due to copyright infringement then they might try to hit you for anything. It's a real grey area. What are you actually copying when you make a live performance. Unless someone tapes it, where's the 'product'. Where's the evidence you could show in court? But, if you record yourself playing then hey, there it is.

If there were enough witnesses to the performance, it would be enough evidence to prove that you played it. Of course, those witnesses would be subject to cross examination. Also, keep in mind that it would be a civil case so the standard of proof is lower than in criminal court. The standard of proof in civil court is a preponderance of the evidence which means that it only has to be more likely to be true than not (51% sure).

I play in a covers band and Ive seen hundreds of them, in the uk we have a band called bootledzepplin and they play testament to the original.
even Plant has seen them and he likes them. even if I play a gig I doubt if EVH or Deep Purple would be waiting for me outside to duff me up. they may do for playing the songs like shit. but if I recorded it and sold the recording without permission then id be for the highjump.

Okay... There is such a thing as "performance rights" and "publishing rights", etc..
Basically, when you play at a bar or any establishment really, it is the owners/promoters responsibility to secure the correct rights and pay the fees for performing cover material.
now, onward and upward. There is also publishing rights. This entails a LOT more than just sheet music or tab or etc.
as for "proving you played on it" is a moot point. It falls under the "reproduction or distribution without permission" clause.. You distributed the material (i.e. uploaded it somewhere). you reproduced the material (recorded it). IF they wanted to you're screwed. Will WEA sue some brown shoes on the street for copying 2 songs and uploading them?? probably not.. You don't have the money anyway but.. legally they could come after you. "cease and desist" would be about the worse thing unless they think you actually made some amount of money from it.

Are the current rules appropriate?
If not, what should they be?
What can be done to change it?

Seems that none of the rules were made with the internet in mind. Surely the rules need to change and someone needs to be influencing those decisions.
It should be us.

I believe that music is almost like your child. You work hard, and raise it from the conception to final product, and when you're done you are proud of what you ahve accomplished. I play parts to other's songs occasionally. I have sat in with cover bands and improved with them, but I think that's what makes original tunes. You play your own voice for the song. My mother cannot write her own original music. It elludes her. And I never wanted to be that structured with music. She can read site music, listen by ear, and play note for note, but she can't just come up with an original tune, and I think that would suck for me. She loves it, but I couldn't do that.

Here's the rules:

Live Covers: Club pays Licencing Fees (or is supposed to) for all live music AND house music, such as CD's, or any other music or entertainment (sports broadcasts) on an anual basis.

Recorded Covers: As long as your not SELLING them, your in good shape. If you ARE selling them, just contact the Harry Fox agency to buy a licence. It's not that expensive.

Jazz Standards: Don't even need to go as far as Harry Fox, just make sure to include the publishers information along with the track info: Giant Steps by John Coltrane: (jowcol music 1959) Arrangement by Your name here

Lastly if you DO get yourself to the point where they even send you a letter, go buy yourself a beer, you've probably made it. They can only sue and get something if they can prove your infringement resulted in verifable monetary damages, or unfair competition for their product. (probably where the tab sites get into trouble)



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