I agree with Jimmy on this.
And... copyrights are only as good as the owner's willingness to pursue infringements. Superficially, it seems unnecessary for some small time cover band (or the club they play in) to be responsible for paying performance royalties. But if this were legal or even tolerated, then what stops that same band from recording the music and selling it and not paying royalties? What if the cover band was an opening act for some live television broadcast? And the station then sells DVD's of the concert? You cannot exempt someone from paying what is owed to the copyright holder, just because they only profit very little from someone else's compositions, as opposed to a name act covering someone's song on a gold record. Can a cover artist really be exempt from paying what the original author deserves, merely because he is poor, but then if he makes it, he can suddenly be charged? That's almost like saying, I should be allowed to walk into Walmart and fill a shopping cart for FREE because I am poor, and only the people with money should have to pay Walmart for their products.
Does that sound reasonable?
A small record store may sell only $1000 dollars of a mid-level band's CD in an entire year. Chump change. But multiplied over 10's of thousands of independent stores or chains nationwide, it ends up being tens of millions in sales.
The songs being covered, are famous enough to be covered. Achieving fame, does not suddenly abolish the rights of that artist. A grand per bar, per year, adds up to many many millions of dollars lost, nationwide each year. The ones being ripped off, are the authors of the works. This should be about protecting THEM, and not about trying to rip off their original music, because an artist feels they cannot afford to pay, to use their original works.
In any event... Remember.. if the VENUE has a license, then the band is not required to have one, or pay anything, for their performance of copyrighted materials. The VENUE is the one they go after, and is the logical party to go after, because they are STABLE (brick and mortar location) and because the club profits most from the live music, and because then, ANY BAND that comes through their establishment, is then COVERED to be able to perform ANY SONG in that organization's catalogue. Even paying a few grand per year, a small club is paying about $38 per weekend, if they have live music 2 nights each week.
Is that supposed to be exorbitant or something?
If anyone here, even by a fluke, had one of their songs hit big... trust me... you would start counting then, quite quickly and seriously, just how much YOUR property was worth, and you would care about whether you were being cheated out of ANY of it!
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(¸.•´ (¸.•` ¤ CRAIG MAXIM
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(¸.•´ (¸.•` ¤ CRAIG MAXIM
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