You're in high school and want to enter a talent show and sing a not-so-familiar song that you've been singing in your shower at home.
Can you just get up and sing this song in the talent show? Or do you have to get somebody's permission first? If you need permission, is there a clearing house somewhere that can grant you permission - or is it more complicated than that?
The issue arises in a WIP.
You're in high school and want to enter a talent show and sing a not-so-familiar song that you've been singing in your shower at home.
Can you just get up and sing this song in the talent show? Or do you have to get somebody's permission first? If you need permission, is there a clearing house somewhere that can grant you permission - or is it more complicated than that?
The issue arises in a WIP.
You can't just perform somebody else's song publicly - you need a license to do so. For a small performance like a talent show, you'd probably go to the Performance Rights Organisation (PRO) that represents the arist you want to cover, i.e. the likes of ASCAP, BMI, SESAC. These organisations have lots of freelancers working for them that verify proper licensing at public events and businesses.
You'll usually find a note which PRO is representing an artist on the back cover of an album.
More detail here.
ASCAP guidelines for educational use here.
ASCAP sues Girl Scouts for songs around the fire, and regrets it.
HTH,
-FB
BMI and ASCAP don't even offer licensing for this situation. Probably for these reasons:
1. If it's a non-commercial educational purpose, it's exempt from licensing under the fair use exception.
2. If it's a public school, it's likely immune from a suit from the rights holder on an issue like this.
3. Have you ever heard of a copyright violation being pursued in a case like this? If it were ever to happen it would be a major news story. Whoever tried to enforce this would have a massive amount of bad publicity.
3. Have you ever heard of a copyright violation being pursued in a case like this? If it were ever to happen it would be a major news story. Whoever tried to enforce this would have a massive amount of bad publicity.
I'm sure you're right. But it might end up being "good" publicity, for both the song and the kid who performs it.
It might be good for the kid and the song, but not the rights holder who made the claim. It could really hurt the public image, especially if the artist performing the song being covered came out against it.
Plus, like most copyright violations, it isn't worth pursuing. Just look at youtube, facebook, instagram and find dozens of copyright violations from musicians (good and bad ones) covering songs to posting videos of entire concerts. The record execs I have spoken to about it think its good, free advertising.
3. Have you ever heard of a copyright violation being pursued in a case like this? If it were ever to happen it would be a major news story. Whoever tried to enforce this would have a massive amount of bad publicity.
Yes. In Europe, crap like that happens regularly. Last example I heard about was the german "GEMA" (Society for musical performance- and copyrights) suing a KINDERGARTEN for something like that.
Since OP did not specify where his story is about to take place, the question is absolutely valid.
Yes. In Europe, crap like that happens regularly. Last example I heard about was the german "GEMA" (Society for musical performance- and copyrights) suing a KINDERGARTEN for something like that.
Disney is famous for that shit. They went after a preschool a few blocks from their studio for having Disney characters painted in their playground.
Well if it was a 'religious school' it would have to be Bad Religion's "Skyscraper". The first time you listen to it it seems pretty simple, but it is in fact a subtle and savage dissection and and critique on the story of the Tower of Babel. Plus it's by a band called Bad Religion what's not to like as a way of thumbing your nose?
Generally speaking in the US you wouldn't. Some teenage battle of the bands in a school auditorium, no one's paying for shit.
And the band performing the song does not have to worry about that. It's the venue that pays. The bar or club who hosts cover bands pays some sort of license fee (or fees), and those can involve arcane calculations.
Work in a high school and am a pro-amateur singer who has organised licensing for cabarets and theatre productions. Am also a writer member of APRA-AMCOS.
1. in the case mentioned above, the kid would probably have to give the song title and/or backing track to the organisers. Not that people would care other than making sure they weren't doing 'Fuck You' by Cee Lo Green uncensored, etc.
2. Don't need no license for performance. In this case, schools would just pull the 'I am an educational institution' card for fair use. And in reality schools will already have a blanket music license if they have a choir/band/music program anyways which would cover this.