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Restaurant Owner Ordered To Pay BMI $30,450 For 'Illegally Playing' Four Unlicensed Songs
http://www.techdirt.com/articles/2011081...sed-songs.shtml

Record Industry Braces for Artists’ Battles Over Song Rights
http://www.nytimes.com/2011/08/16/arts/m...ong-rights.html


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It has long been my hope that the internet will give most artists a reasonably effective way to market their music without involving the "industry" at all. Even with the current rate of piracy, I think the average artist would lose less than would have been lost by dealing with the music corporations

On a related note, there seems to be a trend around here of clubs that only hire musicians who play original music. That way they don't have to worry about paying ascap or bmi

The local bands are responding by preparing two sets... one set of cover songs for the usual places, and a set of originals for the clubs with a forward-looking plan.

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Pat -- I think I witnessed that down here one night, there is a young Blues Band who were playing what are basically all the old blues standards, but the twist was that they had made up their own lyrica and names for the same old tunes.

Mixed emotions about that one, they were beltin' out what I know as "Messin' with the Kid" without the signature hook throughout, but definitely the main riff and same changes. Then came, "Stormy Monday" - typical 12-bar blues, same basic changes, but again it had other lyrics and hooks to it.

Maybe the reason for that had more to do with evading licensing fees, don't know, but to me it looked to be more like backdoor plagiarism of a sort.

Got a hoot out of it, though I wouldn't revisit for more. The Blues is more than just knowing what notes to play IMO. A lot more.

We live in interesting times.


--Mac

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Quote:

Pat -- I think I witnessed that down here one night, there is a young Blues Band who were playing what are basically all the old blues standards, but the twist was that they had made up their own lyrica and names for the same old tunes.

Mixed emotions about that one, they were beltin' out what I know as "Messin' with the Kid" without the signature hook throughout, but definitely the main riff and same changes. Then came, "Stormy Monday" - typical 12-bar blues, same basic changes, but again it had other lyrics and hooks to it.

Maybe the reason for that had more to do with evading licensing fees, don't know, but to me it looked to be more like backdoor plagiarism of a sort.

Got a hoot out of it, though I wouldn't revisit for more. The Blues is more than just knowing what notes to play IMO. A lot more.

We live in interesting times.


--Mac




human behavior tends to follow an incentive.

The crowd wants to hear familiar songs...
the band wants to prove they can play well-known challenging songs...
and the owner wants to draw customers and revenue without adding more cost than is necessary.

The scenario you described meets the minimum criteria for all 3 groups. Interesting. I never even thought of getting close to well known songs while steering clear of the copyrightable portions such as lyrics and hooks.

When you consider how similar many songs are anyway, it isn't all that inconceivable. But your point about plagiarism is well made... yet, where *IS* the point where originality begins? ALL songs sound like some other song... MANY songs use the same chords...

hmmmmmm

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I always hated doing cover tunes ,but back in my heydays that's all the club owners wanted. I think bands should only play their original songs ,most bands I've heard can't really cover a tune very good anyway. Who is the worlds most famous cover band ? Who cares !
Just a grumpy old mans opinion .

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The world's most popular cover band must be "Live Music". You see them playing everywhere. It's either them, or "Music Tonight".


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Matt, that "Live Entertainment" group is on a lot of bar room windows, too!


--Mac

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Quote:

back in my heydays that's all the club owners wanted. I think bands should only play their original songs ,most bands I've heard can't really cover a tune very good anyway. Who is the worlds most famous cover band ? Who cares !




For what it is worth, it never has been what the club owners or what the bands what, but what the paying customer wants. When I made my full time living playing in the clubs, you played what the crowd asked you for and if you were smart, you paid attention to what the customers were requesting. I played in and around cities where I made more money than most musicians who were quite a bit better than me, because I played what the people wanted to hear and occassionally some things that I wrote or something else new and different that I wanted to expose folks to. I could have worked 7 nights a week, 52 weeks a year if I had wanted to (I made it a rule to take a least one night off a week), while other musicians played what they wanted and groused about not being able to make a living. Even the Beatles played little but covers when they played in the clubs.

Face it, most musicians don't get to be famous. If you are lucky, and smart enough to play to your audience though, you might be able to at least earn a living at what you love doing. I'm happy that I at least got the chance to do that for awhile.


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I check that the location has a license... usually a valid jukebox licence will cover you. It's the location's problem as far as I know, but having checked gives me the CYA if I get harrassed.


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