Putting cover tunes on the net

Might want to check this article:

http://arstechnica.com/media/news/2009/02/webcasters-left-out-in-cold-over-streaming-royalties.ars

It's very hard to find any clear statement as to non-commercials, only this:

In January 2009, the US Copyright Royalty Board announced that "it will apply royalties to streaming net services based on revenue.

That would imply no revenue, no royalties.

Is it ok to post links to cover tunes on a "not for profit" website. Meaning I'm not file sharing and I'm not selling anything. Just posting for people to listen.

Will I run the risk of having to pay performance royalties?

Technically... legally..... yes.

Royalties are due on the use of ANY copyrighted work (with a few minor exceptions) that you plan to use. Commercial or not.

Reality... the artist (songwriter) will probably NOT come after you for recording their tune and posting your version on a website to stream to listeners.

However: If you happen to catch their eye, they will more than likely have their legal team send a cease and desist letter. they do however, have the right to audit the server's records and if your version of their song has been played often, they are fully within their rights to send you a bill for performance royalties and song licensing should they decide to do so...and take legal action against you to collect.

It's always best NOT to post cover tunes on line for others to hear. If you want to make a few CD's for friends... go ahead.... the same rules apply but it's not likely that you will show up on their radar burning a few CD's.

Just remember the big mess a few years back when the record companies went after Napster, audited their records, and then sent bills to thousands of people for the downloaded music.

My advice...for what it's worth: Be cautious of posting cover material on line.

Post the heck out of original stuff.

I've done it. Put a couple up on soundclick. I dont charge for downloads, so its non-revenue producing for me. I figure if an artist sends me a "cease and desist", it'll be a nice momento.

Randy

ORIGINAL: spacey

I'm curious of why you would want to or if it is just a question that you'd like an answer to.

I actually want to so that I can tell friends just go to .....
Also, it is a coffee house type question that I would like to see what others are doing or think.

Thanks for the post spacey.

ORIGINAL: edentowers

Isn't this a Performing Rights rather than Copyright issue?

Not unless he will perform it live every time somebody clicks the link...

ORIGINAL: bapu

ORIGINAL: spacey

I'm curious of why you would want to or if it is just a question that you'd like an answer to.

I actually want to so that I can tell friends just go to .....
Also, it is a coffee house type question that I would like to see what others are doing or think.

Thanks for the post spacey.

Bapu, I too wanted those here at Cake/Songs to hear a couple of covers. I didn't want to post them at a place where anybody or everybody could hear. I personally just don't feel right posting a cover like that.
What I found was "Box". One can upload files and share as you want.
I posted a link in the songs forum and just the folks there would/could listen. I can go back and delete shortcut and know that only the folks that went to our songs forum heard the material.

I'm not sure that would make a difference to others but it made a difference to me. It's here.

Performance rights royalties cover all performances of the song..... live, or recorded. Jukeboxes in bars, muzac in elevators, live bands in bars..... anywhere music is played..... the performance rights groups... ASCAP, BMI, and SESAC are there with their hands out. I played in a house band at a club that was audited by ASCAP... we had to provide our set list to the agent.... of course, the club owner was on the hook for the royalties, not us.