It's only partly about the money.
"Copyright" gives you control, and you exercise that control by giving people a 'license' to use the music. The copyright holder has the right to license:
1. Any public live performance (the bars, etc. - that's called performance rights). This applies to the artist's recording.
2. Any print publishing (that's the publishing rights). This applies to ANY 'printed' version, including internet tab.
3. Any covers recorded for distribution (that's called mechanical rights)
4. Any use in film or video (called synchronization rights)
The artist has the right to allow anyone to use their work. So you could just ask the artist if you could cover it. But their right to say "yes" may be constrained by other agreements the artist has made; very few artists retain all their rights, because it's not worth it to deal with dozens (or hundreds) of people - they'd rather be writing songs. They (or their managers) will typically only want to negotiate synchronization rights, where the paydays are big. The other stuff is pennies a copy, so they'll usually sign away about half their income to somebody else in exchange for them policing the market.
An artist typically has four contracts - one with their label, which covers only their own version; one with a publisher, who controls any print rights (and usually also hawks the song to other artists, because the publisher will usually get about half of any income that results from a cover they solicit); one with a performing rights organization like BMI, ASCAP, or SESAC that will monitor radio play and bar performances; and one with a mechanical rights organization - Harry Fox is the biggest.
If you want to record a cover, you're supposed to get a mechanical license. A hosting website MAY have negotiated a blanket deal with Harry Fox... so maybe you're covered. Maybe not. If you want to be safe, you negotiate your own.
If you DON'T negotiate, there's a "statuatory" rate. If they come after you, that's what you'll have to pay. It doesn't matter if you made money - it's a rate calculated on how many copies were made. You'd be looking at about 9 cents or more per download, depending on the length of the song and how it was distributed.
I figure it's kind of like speeding... just about everybody ignores the law. The ones that get caught end up paying for their tickets. If you end up with a thousand downloads for a tune under 5 minutes long, the mechanicals would cost you $91. You're probably not likely to get hunted down, because it's going to cost them money to pursue it.
But just like speeding, the faster you're moving, the more likely you'll catch their attention. If you end up with a million downloads we're talking almost a hundred grand in mechanical royalties, and you'll probably get a certified letter from Harry Fox asking for their due.
Guitar teacher offering lessons in Plainfield IL
Thanks for the explanation the chances of an artist coming after someone for posting some crappy cover is like 1 in a trillion, sure there may be a law on the books but it would cost them more than it would ever be worth.
Kind of like all the other ridulous laws on the books,that never get enforced.
I'd take my chances.
"It's all about stickin it to the man!"
It's a long way to the top if you want to rock n roll!
Looks like I started a firestorm here. :D
I understand fully that if your proforming for pay, or recording for sale needing rights. But a guy like me, or the many 1000`s out there like me. Learning how to play, working on some known song, and recording it so he can show friends, and famley how he is doing, or posting up at a place like here looking for input, or just ask advice....... maybe some laws call that stealing as cat said, but what begeaning guitarist starts out learning to play by writing, and proforming his own stuff? I would never learn if that was the case.. at this time I don't have the skills to write anything thats taxing enough for me to further my skills, and also a lot of us don't have local buddy's in music that we can share with in person. Eaven friends and famley tend to be not as close and without email and forums like this we would be stuck going it alone..
Paul B
Stickey subject.
:mrgreen:
"Work hard, rock hard, eat hard, sleep hard,
grow big, wear glasses if you need 'em."
-- The Webb Wilder Credo --
