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"Permission needed to do a song?"
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DonnaLynn 582 desperate attention whore postings
DAW Level: "Reality Show Commentator"

05-11-05, 02:57 PM (EST)
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"Permission needed to do a song?"
Do the producers of AI need permission in order for the Idols to sing the songs they do each week?

I saw Kenny Chesney in concert on Friday night and he sand "Hurts so good" by John Mellencamp with Gretchen Wilson. My husband swears that he would have needed permission to do that song. I say he doesn't because as long as he's not recording it and selling it that it isn't copyright infringment. There are 100's of bands in little dives across the country and all they do are "cover" songs. They get paid to sing but don't need permission to do any of those songs.

That comes back to AI... If they aren't recording the songs and aren't using them for sale, do they need permission from each record label or is anything fair game???

Thanks!

--Donna :~)

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  Table of Contents

  Subject     Author     Message Date     ID  
 RE: Permission needed to do a song? kahanasunset 05-11-05 1
 RE: Permission needed to do a song? cambo 05-11-05 2
   RE: Permission needed to do a song? DonnaLynn 05-11-05 3
       RE: Permission needed to do a song? tamarama 05-11-05 4
 RE: Permission needed to do a song? Snidget 05-11-05 5
   RE: Permission needed to do a song? Ricky 05-12-05 6
       RE: Permission needed to do a song? LakerLuv 05-12-05 8
           RE: Permission needed to do a song? Laurie 05-17-05 10
 RE: Permission needed to do a song? tjdmlhw 05-12-05 7
   RE: Permission needed to do a song? uberspoon 05-12-05 9
   RE: Permission needed to do a song? chemig 05-18-05 14
 RE: Permission needed to do a song? theking0075 05-17-05 11
   I think you were misled... tamarama 05-17-05 12
   RE: Permission needed to do a song? cambo 05-18-05 13

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kahanasunset 466 desperate attention whore postings
DAW Level: "Daytime Soap Guest Star"

05-11-05, 03:02 PM (EST)
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1. "RE: Permission needed to do a song?"
LAST EDITED ON 05-11-05 AT 03:08 PM (EST)

Hi DonnaLynn. The short answer is yes, yes and yes.

Couple years ago a good friend's husband, who is in a very good bluegrass/country band, had a 5-yr-long ongoing Fri. nite gig at a pizza parlor in San Marcos, California. Suddenly a guy comes in and charges the owner over $5K in back royalties and wants future ones. End of long-term gig. (The owner's cheap.)

There are always royalties and permissions involved at the television and concert and radio levels, and if they can get you for more lowly ones, they will (and can).

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cambo 286 desperate attention whore postings
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05-11-05, 03:15 PM (EST)
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2. "RE: Permission needed to do a song?"
In the case of American Idol, they have to get clearance from the songwriter and publisher of each song.

When Kenny Chesney performed Hurts So Good, a fee had to be paid to the songwriter and publisher of the song.

Even when you're watching a TV show and they play a song in the background or even sing "Happy Birthday To You" the songwriter and publisher are getting paid.

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DonnaLynn 582 desperate attention whore postings
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05-11-05, 03:22 PM (EST)
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3. "RE: Permission needed to do a song?"
That's very interesting... I still wonder just how "stringent" these rules really are.

I was a DJ in radio for years (only until recently) and the RIAA had logging periods every year in which the radio station has to give them a list of every song that was played in that one week period. It is through those logs from radio stations across the country that royalties get paid. What really confused me is that it was only done once a year (still is). In a one week period, how in the world is that accurate?

Also, how in the world do these companies really monitor all these little bands across the country? Heck, I've sung in Karaoke bars before, but I never needed permission to sing a song... I'm wondering where the line is drawn here...

--Donna :~)

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tamarama 1785 desperate attention whore postings
DAW Level: "Herbal Healing Drugs Endorser"

05-11-05, 03:55 PM (EST)
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4. "RE: Permission needed to do a song?"
LAST EDITED ON 05-11-05 AT 03:57 PM (EST)

re: bands & singers in clubs, karaoke, cabaret, etc.

Any restaurant, bar, theater, etc. has to pay for an ASCAP or BMI license which covers performances like these.

They even need to have these licenses to play CDs, the radio or have a juke box. A place can get in trouble if they're caught with music playing & no license.

a side note:
In a cabaret setting, you can put together a show & have it covered by the blanket license UNLESS you feature over a certain number (I don't know what it is) of songs by one artist -- then it becomes a musical revue and you have to get specific permission from the artist's controlling agency to do a show.

(edited for clarity)

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Snidget 44369 desperate attention whore postings
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05-11-05, 04:13 PM (EST)
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5. "RE: Permission needed to do a song?"
I've heard them make mention of not being able to get clearance for things.

I assumed since they are making money off the songs (even if that money is the revenue from ads they sell during the broadcast and even if they don't directly sell the songs to people) that they would have to get clearance and pay royalties.

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Ricky 1106 desperate attention whore postings
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05-12-05, 08:33 AM (EST)
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6. "RE: Permission needed to do a song?"
Yes, and artists can choose not to clear their songs to be used by others as well. Shania Twain for example has denied AI the use of her music.


In the end, those of us that walk away winning, win more than just a loss - Audrey, Apprentice loser

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LakerLuv 151 desperate attention whore postings
DAW Level: "Blistex Spokesperson"

05-12-05, 11:26 AM (EST)
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8. "RE: Permission needed to do a song?"
>Yes, and artists can choose not
>to clear their songs to
>be used by others as
>well. Shania Twain for example
>has denied AI the use
>of her music.
>
>
>In the end, those of
>us that walk away winning,
>win more than just a
>loss - Audrey, Apprentice loser

>


Shania Twain must own the publishing rights to her songs. The person who owns the catalog, controls who sings it. That's too bad too because Shania has some great tunes that would have been perfect for the country night this week.

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Laurie 51 desperate attention whore postings
DAW Level: "Hollywood Squares Square"

05-17-05, 04:01 PM (EST)
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10. "RE: Permission needed to do a song?"
Shania Twain must own the publishing rights to her songs. The person who owns the catalog, controls who sings it.

I can't help but think Shania's husband Mutt Lange has something to do with her catalog. He's been in the music business a long time, and I'm sure has done much to guide Shania when it comes to her career and her songs.

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tjdmlhw 67 desperate attention whore postings
DAW Level: "Hollywood Squares Square"

05-12-05, 10:23 AM (EST)
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7. "RE: Permission needed to do a song?"
It's not only when songs are song professionally. I was on my church's administrative board a few years back and found out that we had to pay annual dues to an organization that distributed money to the owners of the songs we sang in services.

I have no idea how someone can become the owner of songs like Amazing Grace which are hundreds of years old.

I must confess that I have never sent a check in for singing Happy Birthday at a party.

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uberspoon 173 desperate attention whore postings
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05-12-05, 04:54 PM (EST)
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9. "RE: Permission needed to do a song?"
I have no idea how someone can become the owner of songs like Amazing Grace which are hundreds of years old.

I don't know the intricate details, but copyrights expire. After something like "Amazing Grace" gets so old, royalites no longer have to be paid. There are v. specific rules for this and suddenly you have inspired me to research them.

"No Royalties Night" would be a GREAT AI theme too!
Bo could sing "Mary Had A Little Lamb"
Vonzell could sing "Jingle Bells"
and Carrie could sing "Home On The Range"

it'd be a ratings bonanza!

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chemig 6 desperate attention whore postings
DAW Level: "American Cancer Society Spokesperson"

05-18-05, 07:55 AM (EST)
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14. "RE: Permission needed to do a song?"
>It's not only when songs are
>song professionally. I was
>on my church's administrative board
>a few years back and
>found out that we had
>to pay annual dues to
>an organization that distributed money
>to the owners of the
>songs we sang in services.

I was a summer camp director for years,and about 10 years ago their was a HUGE uproar in the camping industry when we were told that we would have to pay royalites for every song sung in camp. The great irony is that the writer of one of the patriotic songs (maybe "God Bless America") designated Scouting to receive the royalties for his song after his death and Boy/Girl Scouts would have even had to pay roaylaites to sing that song! The annual dues was a comprosmise that was arrived at due to the uproar from camps, churches and other organizations.

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theking0075 331 desperate attention whore postings
DAW Level: "Cooking Show Host"

05-17-05, 04:10 PM (EST)
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11. "RE: Permission needed to do a song?"
I was in a band for a little while in college and we were told that copyrights expire after 20 years. Therefore, we could perform any song that was more than 20 years old. We did a lot of old Kiss and AC/DC. Anything newer than 20 years, you had to get permission and pay royalties.

"Evil" Dr. Will: Reality Show Legend!

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tamarama 1785 desperate attention whore postings
DAW Level: "Herbal Healing Drugs Endorser"

05-17-05, 04:23 PM (EST)
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12. "I think you were misled..."
>>we were told that copyrights expire after 20 years<<

I'm no expert on copyright law, but 20 yrs sounds WAY too short. The Beatles catalog is over 30 years old, but Mr. Jackson still owns it. (I think - doesn't he? Someone does.)

I know there's something about things written or published before 1924 or thereabouts...

And something about 70 years after the author's death...

Plus, copyrights are frequently renewed, sometimes in perpetuity. (eg: "Peter Pan" is forever owned by a Children's Hospital in London because the author willed it to them)

Of course, none of this means you & your band were breaking any laws...I'm sure whatever venue you played in had ASCAP/BMI licenses.

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cambo 286 desperate attention whore postings
DAW Level: "Network TV Show Guest Star"

05-18-05, 02:45 AM (EST)
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13. "RE: Permission needed to do a song?"
LAST EDITED ON 05-18-05 AT 02:48 AM (EST)

I looked this up...


Most copyrights and patents have a finite term; when this expires, the work or invention is released into public domain. In most of the world, patents expire 20 years after they are filed. Trademarks expire soon after the mark becomes a generic term. Copyrights are more complex; generally, they expire in all countries (except Colombia, Guatemala, Mexico, and Samoa) when all of the following conditions are satisfied:

* The work was created and first published before January 1, 1923, or at least 95 years before January 1 of the current year, whichever is later.
* The last surviving author died at least 70 years before January 1 of the current year.
* No Berne Convention signatory has passed a perpetual copyright on the work.
* Neither the United States nor the European Union has passed a copyright term extension since these conditions were last updated. (This must be a condition because the exact numbers in the other conditions depend on the state of the law at any given moment.)


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