Is this legal?

[Dumpweedrock]

My band is currently recording our debut ep, and we want to include a cover of M & M's by blink 182. We would like to know if it would be legal to sell this ep with the cover song included, or would we only be able to include it on free promo demos? Thanks

[OpIvyKills]

I'm no copyright lawyer or anything, though I'm pretty sure you can only sell something that is copyrighted if the copyright's owner gives you permission, but you can legally give it away for free without permission.

[idspispopd]

Yeah it would be illegal. Don't do it.

[OpIvyKills]

Yeah come to think of it, I think I'm wrong.

I'd just be on the safe side and not do it.

[shane_sow]

Unless you pay blink 182 something like 5% of the earnigs... no

[~*+|+*~]

make a demo of you originals and sell it and throw in a free demo of cover songs. That way everything is out there, you're getting paid, and its not illegal.

[Merkaba]

make a demo of you originals and sell it and throw in a free demo of cover songs. That way everything is out there, you're getting paid, and its not illegal.
And explain how thats legal.....??

If you perform, record or write anybody's music without contacting them first for permission and or other arrangements(money) its technically illegal. How can releasing a recording or rerecording of someones music be legal? Wrong.

[M@xwell]

well it should be ok since its your own interpretation of the song...

wait a sec, reminds me of mxtabs :(

[Mispeled]

http://www.cleverjoe.com/articles/music_copyright_law.html

[sr800bkBassist]

i've always wondered how in the world you'd go about getting permission.

i mean, how would you just call up Blink 182 and ask them?

[Seafroggys]

you have to pay dues to BMI and ASCAP, if I recall correctly...

many bands have had cover tunes on their albums. You might want to learn what these guys do/did.

[Aus_rock_god]

i've always wondered how in the world you'd go about getting permission.

i mean, how would you just call up Blink 182 and ask them?

It's not as hard as you'd think:

1. Ring up their record label and ask to speak to their manager re: copyright (don't say speccifically why, just say it involves copyright).

2. Tell their manager what you want to do, he'll speak to the band, then you, him, the band and two lawyers will talk turkey.


A few weeks ago I talked breifly with Ben Lee about him doing a show in my small town just to prove to a mate that I could.

It's seriously not that hard.

[10571z]

It's not as hard as you'd think:

1. Ring up their record label and ask to speak to their manager re: copyright (don't say speccifically why, just say it involves copyright).

2. Tell their manager what you want to do, he'll speak to the band, then you, him, the band and two lawyers will talk turkey.


A few weeks ago I talked breifly with Ben Lee about him doing a show in my small town just to prove to a mate that I could.

It's seriously not that hard.

Blink 182 might be harder. But the point is dont do a m&m's cover on your ep. your only proving you can read tabs... Its a waste of valuable time in a recording studio. And it gets ur band no where musically.

[Trigger_003]

well it should be ok since its your own interpretation of the song...
No.
It's still their composition. If you arrange it in another fashion, it's still derived from their song and will have a large percentage of their work in it, so you still need to seek permission.

If you perform, record or write anybody's music without contacting them first for permission and or other arrangements(money) its technically illegal.Winnar. Unless the permission has been given in the copyright notice or whatever, in which case you've got the permission anyway.

And Jason's right, there's not much to contacting bands or their managers. A lot of them have contacts on their own site, or at least references to their managing company, which you can usually easily find the details for.
Part of the course for VCE music these days (this is normal, high school education) is actually to contact a professional musician to ask about performance techniques and stuff. The majority of the class said "What the hell? As if I could get onto {artist name}!".
Most of those who actually tried managed to. So many people just claim it's hard without actually attempting it.

[Aus_rock_god]

And Jason's right, there's not much to contacting bands or their managers. A lot of them have contacts on their own site, or at least references to their managing company, which you can usually easily find the details for.
Part of the course for VCE music these days (this is normal, high school education) is actually to contact a professional musician to ask about performance techniques and stuff. The majority of the class said "What the hell? As if I could get onto {artist name}!".
Most of those who actually tried managed to. So many people just claim it's hard without actually attempting it.

Thanks dude :thumb: .

Another thing to take into account is that Blink 182 are signed to a major label. Major labels will try to get every cent of possible profit that they can.

Even if a "****ty little local band" wants to give Blink 182 royalties from recording and selling a cover, they'll want it to happen.

This is the reason why bands and record labels get p!ssed off when somone releases and sells a cover, and makes money off it, without letting the band and label know first, because (beleive it or not) record labels, even major ones, only make about 4% gross annual profit (most of the time, much less), so any penny they miss out on getting, is another concert they can't put on, or another hundred units they can't print.

Contact Blink 182, they'll be up for it, and you won't land in hot water.

And remember: Music buisiness is very serious buisiness, but after all the glamour and such every band in the world is just a garage band playing at bigger venues, and they have to pay bills too. If you think you can make somone in this industry even 5 cents richer, they'll want to do it.

[pitchfork]

Why would you want to cover it anyway, do something more worthwhile man.

[the_uber_penguin]

Technically (under UK law) it would be illegal.

In practice, it is unlikely anyone will notice.

[Dumpweedrock]

Blink 182 might be harder. But the point is dont do a m&m's cover on your ep. your only proving you can read tabs... Its a waste of valuable time in a recording studio. And it gets ur band no where musically.


Thanks but i don't need you to tell me what to cover and what not to cover. I don't care about wasting time cause we've got plenty, and did i ever say that i was looking to grow musically? no i dont really recall saying that. We are playing the song because we love it and it was an inspiration to us.



thanks to all of you who answered my question.

[ActAppalled79]

as long as you do not alter the structure//lyrics of the song then you can turn a profit i believe

i was reading this article on fall out boy for some reason, if you have heard of the kidz bop childrens cd's, they cover songs and turn a profit without changing the structure or lyrics

if you change the structure or lyrics, you need permission to use the song, but im almost positive you dont need to get permission

[Alive]

A lot of them have contacts on their own site, or at least references to their managing company, which you can usually easily find the details for.
Part of the course for VCE music these days (this is normal, high school education) is actually to contact a professional musician to ask about performance techniques and stuff. The majority of the class said "What the hell? As if I could get onto {artist name}!".
Most of those who actually tried managed to. So many people just claim it's hard without actually attempting it.

Did you get to talk to anyone?

[fuzzyhair]

as long as you do not alter the structure//lyrics of the song then you can turn a profit i believe

i was reading this article on fall out boy for some reason, if you have heard of the kidz bop childrens cd's, they cover songs and turn a profit without changing the structure or lyrics

if you change the structure or lyrics, you need permission to use the song, but im almost positive you dont need to get permission
I am pretty sure you still have to ask for permission. It is their song ya know?

[OpIvyKills]

I am pretty sure you still have to ask for permission. It is their song ya know?

Yeah it still is the same music, and if change that too, then you don't really have the same song now do you?