Have read all the posts re playing copyrighted music but am still no wiser. What is the legal position about my trio playing a copyrighted piece and putting it up for critical comment on SOTW? I have tried asking the UK PRS but have had no reply!
Close.My understanding of the law is such that Posting CD quality performance recordings of copyrighted material for sale (or that could potentially be sold) would be a violation and would require some compensation to the copyright owner but ANY piece of music can be performed publicly without obtaining approval.
… it doesn't matter if the "performer" is getting paid … if you copy it without permission (the right in copyright) you have broken the law.
In the US:
One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords. This right is subject to certain limitations found in sections 107 through 118 of the copyright law (title 17, U. S. Code). One of the more important limitations is the doctrine of "fair use."
So does "fair use" allow us to legally copy material to our mp3 players and make backups?… You must be very careful about fair use. …
Actually, I don't think they do. Their terms forbid the uploading of copyright content, and if a copyright owner complains, they take it down. Besides I believe they actullay have some agreements with UK PRS about this anyway, I have received royalties from them for Youtube stuff.Exactly! Look at Youtube, they break all the rules.
That makes sense, it has happened to me on TV shows, I have been asked to play only originals.Kind of off topic but I got booked in a top 40 band to play some bar. When we got there the owner told us he didn't have his ASCAP certification and asked if we could play all original tunes. :?
Unlikely as they would not be breaking any copyrights purely by being a tribute band. Provided any CDs they made had the appropriate licenses. Playing cover tunes live is covered by the venue's licence (PRS, GEMA, ASCAP etc)There are lots of tribute bands around. I never hear of them being sued for copyright violations. Does that ever happen?
The PRS/MCPS can issue a LOEL, limited online exploitation licence which is not too expensive and will allow you to legally upload copyright compositions. I asked them about this and got the licence quite easily.Thanks for all that Guys. it seems the quick answer is "At your own risk!" As a writer in the UK (6 books, all copyrighted) I understand this and agree that owners should be paid. I dont mind doing that but who do I pay in the UK? The PRS here don't seem to want to know!!!!!!
No. It might come to that one day though.Do I have to pay royalties if I hum a tune walking down the street?
You must be very careful about fair use. It should not be seen as right to copy copyright material for certain purposes, as it is mostly a defence you could use after the fact, and the outcome is far from certain, as it's down to the best lawyer or the whims of judge and jury.). One of the more important limitations is the doctrine of "fair use." The doctrine of fair use has developed through a substantial number of court decisions over the years and has been codified in section 107 of the copyright law.