Legal Question in Entertainment Law in Massachusetts

music

Is it legal to perform cover versions

of other people's music?


Asked on 10/30/08, 11:42 pm

2 Answers from Attorneys

Re: music

I am going to assume that you are going to perform live a cover version of some groups songs. You need to contact ASCAP or the other copyright management group (BMG does this as well) and get a license and pay fee. The fee will depend on what and where you are doing.

If you do not get permission and play for the purpose earning money or in a public place even if you are not getting paid, you may be contacted by the firm that manages the copyright to the music to cease and desist as well as a being charged for using the music.

Good Luck

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Answered on 10/30/08, 11:55 pm
Lawrence Graves Coolidge & Graves PLLC

Re: music

Actually, noting Atty Roth's reply, the first stage is to acquire a legitimate copy of the original score; then, if doing any significant change to the score, requesting "permission to arrange" of the rights holder. Once you have a legitimate arrangement in hand (note: the rights holder will insist upon a transfer of rights in the derivative work), you then need to negotiate performance rights to the extent that your event venues do not already have blanket agreements with BMI, ASCAP, etc.; finally, if you intent to record the music, you need a "mechanical" license.

Best wishes,

LDWG

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Answered on 10/31/08, 10:41 am


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