Re: Covers bands beware!
- From: performingchimp <SPAMinfo@xxxxxxxxxxxxxxxxxxxxxxx>
- Date: Wed, 28 Nov 2007 21:08:36 GMT
david morley wrote:
Well, I guess the point is that the film company pays a covers company a fee which would be less than paying the rights to use the original performance. If then the replicated performance is virtually indistinguishable from the original (including copying all nuances of the original playing and details) then it's kind of cheeky as they have not just played your song, but copied your performance. It isn't you, but it sounds EXACTLY like you. Before, people would cover stuff for films or whatever and it would be your song, performed by someone else. If the new way is to do it with a virtual COPY of your performance, it does imply that your performance was being used in some way.
I guess this is the reasoning, right or wrong.
No offence mate, but that's not true at all. You're assuming there are all kinds of ifs, buts, and rules of thumb. It is all clear in law and procedure. Where do you imagine this line to be, between covering a "song" and a "performance"? If I play it in a different way then fine, but if attmept to replicate it, then how accurate can I be? As accurate as a tribute band? More so? Less? Your initial assumption isn't even true - paying for a replica can be more expensive, but necessary if the original is impractical for some reason.
There are rules for how a cover is to be performed, and they are mostly dependent on owner's permission. The band have given permission for the song to be covered by a company that is known to produce replicas. Replicas are standard procedure, I've played on lots of them.
A more likely guess - they asked for too little money, are kicking themselves and desperate for some extra recompense.
It seems in the US, however, you can get prosecuted for abiding by the law, and persons and companies BLAMED if the LAW is at fault!!
Luckily we in Britain are mostly sane.
.
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