Discussion:
What is the name of your state? CA
Can our fledgling band legally play the music of others (however poorly) at various small gatherings. We are not doing this commercially. We do not charge anything for our "performances".
Thanks
Steve
Answer:
What is the name of your state? CA
Can our fledgling band legally play the music of others (however poorly) at various small gatherings. We are not doing this commercially. We do not charge anything for our "performances".
Thanks
Steve Not legally - you need a license to play covers -- but if you are just playing parties and the like, the chances of you getting in trouble would seem remote. further, if you play at a venue that regularly has bands and music playing, they probably already have licenses that will cover your performances. If you are the paranoid type and want to be 100% legal, contact the Harry Fox Agency to obtain the necessary licenses.
Answer:
Not legally - you need a license to play covers -- but if you are just playing parties and the like, the chances of you getting in trouble would seem remote. further, if you play at a venue that regularly has bands and music playing, they probably already have licenses that will cover your performances. If you are the paranoid type and want to be 100% legal, contact the Harry Fox Agency to obtain the necessary licenses. what about
TITLE 17 > CHAPTER 1 > § 110
Notwithstanding the provisions of section 106, the following are not infringements of copyright:
(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if—
(A) there is no direct or indirect admission charge; or
(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:
(i) the notice shall be in writing and signed by the copyright owner or such owner’s duly authorized agent; and
(ii) the notice shall be served on the person responsible for the performance at least seven days before the date of the performance, and shall state the reasons for the objection; and
(iii) the notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation;
What exactly is included in nondramatic literary or musical work?
Answer:
Good catch on 110 -- I had forgotten about that particular exemption -- the 110 exemption would allow you to play cover tunes without a license, so long as nobody is making any money. This exclusion is pretty narrow -- it wouldn't, for example, cover a situation where you and your friends were playing for free at a bar with no cover, but the bar was charging for drinks -- but if you are just playing at a free party in someone's backyard, you would be covered. Don't charge for drinks, don't barter (we'll play at your party if you play at ours, for example), and you would be legal under this section.
As far what is a "nondramatic" work, well, if you've looked, you'll see that it is NOT defined anywhere in the copyright code -- and, believe it or not, it's not really defined in caselaw either. Generally, however, a "nondramatic" work means that the work is not part of a larger whole, such as a piece of a play or an orchestral work or the like. A "pop" song would not be a "dramatic" work, but a song from "Westside Story" may very well be a "dramatic" work.