Legal Question in Entertainment Law in Hawaii

Cover band issues

I want to start a cover band, make CDs, and do live performances. All of these cover songs will be recorded on my computer, but using the original instrumental tracks from the official original CDs. We will not SELL the CDs, simply give them to people upon request. We will never be paid or ask to be paid for performances. All of the songs will be covered from Japanese artists, and we will be doing this band in the USA. Now, do we have to get licenses to any of the songs we cover? Or would crediting the original artist/arranger/writer/etc on the CD sleeves be fine? Do we also have to get licenses for performances that use any of the original choreography? And will the name of the band have to be copy-righted?


Asked on 3/30/07, 3:22 am

2 Answers from Attorneys

Steven Mark Steven Paul Mark, Attorney at Law

Re: Cover band issues

Now, do we have to get licenses to any of the songs we cover? - Yes, public perormance is a right under copyright. Contact ASCAP or BMI. Making copies is another right protected under copyright. With respect to the latter, you don't need permission but you will have to pay a compulsory royalty to the copyright owners of the song. You can find out who they are at ASCAP.com or BMI.com, maybe SESAC.com too.

Or would crediting the original artist/arranger/writer/etc on the CD sleeves be fine? - Nope

Do we also have to get licenses for performances that use any of the original choreography? - Uh, I thought these were CDs. If you're talking about performing, the law is very unsettled on protecting choreographic works. Legally, they are protectible, but to bring a lawsuit and recover statutory damages, the registration would have to be filed before the infringement. Few cases have been brought. In a risk-reward analysis you'd have to decide whether James Brown's skating across the stage is different from Mick Jagger's. Why don't you just modify it a bit.

And will the name of the band have to be copy-righted? - If you're talking about your band, you can't copyright the name. You may be able to secure a trademark, however.

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Answered on 3/30/07, 11:21 pm
Johm Smith tom's

Re: Cover band issues

Yes you need permission and to what degree you want to protect the band name depends on you. My firm focuses on Internet, media and entertainment law.

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Answered on 3/30/07, 8:54 am


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