• Ernie Ball
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GHWelles

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Joined
Jul 28, 2005
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Location
Rancho Mirage
As long as the CD is not sold for profit, cover tunes are perfectly legal. It's no different to a cover band producing a demo CD to distribute to booking agents and venues (or a band playing covers tunes for that matter). If it's a freebie CD, or one sold for the cost of postage, there are no license issues involved. I've been down this road before, and that's my understanding.

I don't think it is quite that simple. The issue is copyright infringement. Under the fair use doctrine you can copy other's works in some cases (which is what you are talking about). Whether it is a fair however use leads to a mult-factor test, such as how much of the work is copied, is it for educational purposes, is there a fee charged, does the copy dilute the value of the original copyright holder's work, etc.

Because there is a multi factor test, it cannot be said for certain in a case like this that there is no infringment. We are talking about charging for the CD, so even if there is no profit, it is not a free distribution. Also it is a copying of the full work, not just a part. And it is not for educational purposes, but for the same purpose as the original, entertainment. Also People may choose to buy the cheaper cover over the more expensive original. (theoretically).

I think we are much better off going for originals and avoiding this mess. It will be more interesting anyway. ;)
 

fly

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Joined
Dec 12, 2004
Messages
1,765
Location
Abby/Beautiful British Columbia
sign me up........i have two new rough tracks i put down in the last couple of days.......

no lyrics or singing yet.........but that can come later.


great idea
 

hankSRay

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Aug 5, 2004
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848
Location
Yonkers, NY
my band is going in to record in December. So I'll definately contribute some tracks if I'm not too late.
 

WesC

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Jul 14, 2006
Messages
81
Location
Dallas, TX
Ooooh, I may have to go and write something special for this CD! I really like this idea. We used to do the same thing every year at Berklee. The made a Best of CD of all the best tunes recorded at the school each year. I was on everyone all 5 years I was there. :)

Although I was playing drums...



Don't hit me *cowers*
 

bovinehost

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Jan 16, 2003
Messages
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Location
Dall-Ass, TX
Under the fair use doctrine you can copy other's works in some cases (which is what you are talking about). Whether it is a fair however use leads to a mult-factor test, such as how much of the work is copied, is it for educational purposes, is there a fee charged, does the copy dilute the value of the original copyright holder's work, etc.

Sweet Jesus, he really IS a lawyer.
 

T-bone

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Joined
Apr 12, 2005
Messages
1,274
Here's where I hope to add some value (and maybe some content).

My main profession is CD and DVD manufacturing. So the good news is I can do this for less than anyone else. The real expense (as many of you know) comes in the form of packaging. I'm sure there'll be many discussions on how to package this product, and I for one, would like to nominate our Bovinian host to design this bad boy.

Regarding IRMA and intellectual property rights - unless we use CDR's (burn them one by one) you'll need to secure the right to reproduce anyone else's music. The price depends on the quantity produced, however, we see a lot of 1,000 piece runs that cost approximately $80.00 per song. So, if someone wants to submit a Beatles song, it's gonna cost you (or all of us).

Again, this is my main profession, and I would love to help out in any way.

tbone
 

T-bone

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Joined
Apr 12, 2005
Messages
1,274
Thanks Jeffery,

This is a great idea you have and again, let me know if there is anyway I can help. I do this everyday, and if nothing else, look forward to submitting some of our original tunes for consideration.

As a side note, I saw Bob Schnieder (from Austin) last night. What fun! I especially liked his Superman song.

Thanks....tbone
 
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