Uploading a Live Recording of Cover Songs

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silvercn
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2011/03/12 11:35:32 (permalink)

Uploading a Live Recording of Cover Songs

Hi - I would like to upload a few songs I recorded live of a band at a local small venue; to describe how I went about it, and ask for feedback. The songs are cover songs, so am I even "allowed" to upload them? If so, can I put them on Soundclick or is there another way I can upload them (I do not have my own website).
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    Thatsastrat
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    Re:Uploading a Live Recording of Cover Songs 2011/03/14 11:56:30 (permalink)
    I would use a boxnet account for this.
    That way you don't get into the whole copywrite thing with soundclick.
     
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    silvercn
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    Re:Uploading a Live Recording of Cover Songs 2011/03/14 12:23:49 (permalink)
    Hey thanks = I will give that a look...
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    Beagle
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    Re:Uploading a Live Recording of Cover Songs 2011/03/14 13:07:12 (permalink)
    all recorded and distributed covers are supposed to be licensed, regardless of whether or not you make any money on them.  you can license through one or more licensing agencies.  Harry Fox is probably the biggest/best known.

    http://soundcloud.com/beaglesound/sets/featured-songs-1
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    silvercn
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    Re:Uploading a Live Recording of Cover Songs 2011/03/14 13:20:30 (permalink)
    So this has to be done - even if the only purpose is to showcase how I recorded this band live???
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    Beagle
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    Re:Uploading a Live Recording of Cover Songs 2011/03/14 13:24:12 (permalink)
    yes.  that is the law - no exceptions except for "fair use" which means no more than 30 seconds of the song can be published to qualify for fair use.

    you probably can get away with it if you don't have a lot of people streaming it, but I'm stating what the hard rule is, not what "most people" do or what you can probably get away with.

    http://soundcloud.com/beaglesound/sets/featured-songs-1
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    Guitarhacker
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    Re:Uploading a Live Recording of Cover Songs 2011/03/14 18:10:49 (permalink)
    To add to what Beagle says.... I believe that fair use applies to educational applications so that music can be reproduced by teachers for fair usage with their students.

    Remember the big lawsuits a few years back over someone using a sample in a song for just a few seconds? To my understanding of the copyright laws, no unlicensed usage of a song that is copyrighted is permitted..... but does that stop most people? Nope. 

    One question on every library contract now is in reference to legal samples. If you use samples of any length, of any copyrighted work,  that are not open and free, (such as legally purchased synth samples) they must have signatory paperwork attached.


    What the US copyright office has to say on this topic >>>> here  and that is from the LOC.... and as I read it, it's not exactly clear..... ultimately, if you are sued, it would be up to a jury & judge to decide..... but the only loophole I see is for the educational use I referenced earlier, no other usage is permitted.

    post edited by Guitarhacker - 2011/03/14 18:15:16

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