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Super Member
Join Date: Jul 2008
Location: Burnley, Lancashire
Posts: 603
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![]() Good afternoon all,
Long time no see ![]() Needing some advice on copyright issues.. I've just begun a project where i've done a cover of Quincy Jones - Bossa Nova for an AustinPowers style theme. Question is, how different does the cover have to be to avoid copyright issues? I've done the song in a different key, but it's obviously still similar. Anyone in the know? Ta muchly, -Tif ______________________________
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Mic Check 1!
Join Date: Aug 2008
Location: England
Posts: 3,829
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![]() A cover is a cover. Pay the royalties or dont release it.
Quote:
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www.circlestudios.co.uk |
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Uber Member
Join Date: Dec 2009
Location: Central Scotland
Posts: 1,715
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![]() Yeah, I reckon you'll have to pay up mate.
Would maybe be different if you had perhaps recorded a song that was similar to something else but not exactly the same but if it's a cover, then i don't see any way around it. I would imagine simply changing the key makes absolutely no difference. Besides, I know if it was one of my songs being copied and used for commercial purposes, i'd want my cut. ![]() ______________________________
System Details. Inta Audio Premium PC, Windows 7 Home Premium 64bit, Cubase 7, Yamaha N12 Digital Mixer. BandCamp http://chriswilson.bandcamp.com/ SoundCloud. http://soundcloud.com/chris-wilson-1 |
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Super Member
Join Date: Jul 2008
Location: Burnley, Lancashire
Posts: 603
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![]() Don't get me wrong here - i'm all for royalties and enforcement of copyright laws when it comes to this kind of thing, but the project in question is an anti-bullying campaign for kids which will be given away for free. The clip is about 5 seconds long and i feel paying royalties is a bit over the top, hence me creating a similar track.
As far as i'm aware, there's no way to subside the cost for playing a 5-second clip as opposed to the full track is there? ______________________________
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Mic Check 1!
Join Date: Aug 2008
Location: England
Posts: 3,829
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![]() nope. a covers a cover. Your choice is to pay the royalty or take the risk. Of course where you have changed the arrangement that may give rise to separate liability as the arrangement is a different right.
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www.circlestudios.co.uk |
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Uber Member
Join Date: Dec 2009
Location: Central Scotland
Posts: 1,715
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![]() Even though it's being used for a great cause, i would imagine that you still need permission to use it.
I may be wrong though. ______________________________
System Details. Inta Audio Premium PC, Windows 7 Home Premium 64bit, Cubase 7, Yamaha N12 Digital Mixer. BandCamp http://chriswilson.bandcamp.com/ SoundCloud. http://soundcloud.com/chris-wilson-1 |
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Member
Join Date: Jul 2008
Posts: 91
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![]() If you do not pay the royalties you are in breach of copyright .... simple as that. The length of the clip may well considerably reduce the amount you have to pay, as may the purpose of the clip in the first place. You will find that out when you make the enquiries
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Super Member
Join Date: Jul 2008
Location: Burnley, Lancashire
Posts: 603
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![]() Alright, cheers for that folks. I shall make enquiries and see what it's going to cost me.
Out of curiosity (genuinely), how different does a track actually have to be to avoid copyright? There's obviously a line that differentiates one track from another. Is it a mix of bpm/key/arrangement? Is it up to the composers intentions? Is it just a case of the owner of a copyrighted track hearing a song that sounds similar and saying 'I'm going to take that further?'. I did alot about copyright laws a few years ago but don't recall there being a black & white set of rules on this. ______________________________
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Mic Check 1!
Join Date: Aug 2008
Location: England
Posts: 3,829
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![]() The rules are pretty clear. If you are using someone else's rights you pay for them. There are lots of instances of cases where people used a clip of someone else's record, had a hit themselves, and then had to pay loads over in compensation. One snare drum hit is enough.
In your context, the payment is literally miniscule (a penny on each copy made or something like that). The problem is you have to pay a sum up front on a short run (like a hundred quid from memory). Quote:
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Member
Join Date: Jul 2008
Posts: 91
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![]() Quote:
It can be a breach of copyright to use even a passage from an original There is absolutely no way of simply trying to change an arrangement and then claim originality There have been many copyright cases involving just portions of an original song If you studied copyright laws a few years ago and don't understand that, then you weren't paying attention ![]() ![]() |
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Super Member
Join Date: Jul 2008
Location: Burnley, Lancashire
Posts: 603
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![]() Just thought i'd update people on the situation.
Looked into retrieving a licence for the song, but because it could be a worldwide DVD release for schools, they wanted quite a hefty upfront fee as Trev mentioned. So, i've composed something completely different. (It has the same BPM though.. hope that's not a cause for concern? ![]() Cheers for the advice all. ______________________________
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Super Member
Join Date: Feb 2011
Posts: 317
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![]() Where would one find the rules? I'd love to read them as the band I am in plays a lot of ancient stuff but has just added a song that I know was released in 1988 and I would like to do my homework. I have read a fair bit on the PRS web site but don't understand it well enough to pass an exam (or court case).
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Mic Check 1!
Join Date: Aug 2008
Location: England
Posts: 3,829
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![]() Quote:
![]() Quote:
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Mic Check 1!
Join Date: Aug 2008
Location: England
Posts: 3,829
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![]() read more here: http://www.copyrightservice.co.uk/pr...usic_copyright
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