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Posted: Mon Oct 03, 2005 8:09 am
by deshead
j$ wrote:Unless Stueym is planning to burn and flog CD-Rs out of the back of his family wagon
Mogosagatai wrote:Not if you don't try to sell it.
I'm almost certain it doesn't matter. Remember DJ Danger Mouse and the Grey Album? He never charged for it, but EMI was all over him.

This page at the Harry Fox Agency states it as succinctly as I've seen:
If you are ... distributing copies of a song which you did not write ... you need to obtain a mechanical license. This is required under U.S. Copyright Law, regardless of whether or not you are selling the copies that you made.
And FTR, it works the same way in Canada.

Though I doubt Warner would sue any of us. If they even notice the songs at all, they'll probably just send a C&D letter demanding removal of the songs. Still, forewarned is forearmed.

Posted: Mon Oct 03, 2005 9:50 am
by j$
deshead wrote: Remember DJ Danger Mouse and the Grey Album? He never charged for it, but EMI was all over him.
Remember the issue with Danger Mouse was sampling, not covering. I don't care anyway. :)

Posted: Mon Oct 03, 2005 10:03 am
by jimtyrrell
If Danger Mouse should be in trouble for stealing anything, it's his name. What a great cartoon that was. I saw it available on DVD at Borders the other day, and I really should have grabbed it.

Back On Topic: I'm going to try to record my classic rock cover band No Limitz for this fight. We do Desperado (and a couple other Eagles tunes) now and then. Along with a bunch of Journey and REO Speedwagon and stuff like that.

Posted: Mon Oct 03, 2005 1:54 pm
by stueym
j$ wrote:Yes, I think the issue is a bit moot, to be honest. Unless Stueym is planning to burn and flog CD-Rs out of the back of his family wagon ...
Johnny that's brilliant ...brilliant I tell you!!!...and if we all made videos to go with our performances I could actually burn them to DVD and make a combo disc maybe call it "The Roast til Hell Freezes Over Compilation"...that'll get the money rolling in at the old carboot sale!

Posted: Mon Oct 03, 2005 2:40 pm
by Egg
Mogosagatai wrote:
pegor wrote:If a cover band does an Eagles tune at a show then the propriotor of the brick and mortor has to pay a fee to BMI or TLA or RAII or sumsuch.
That's only because the show is being sold for profit, so anything played at the show is also, in a sense, being sold.

<i>These</i> cover songs won't be sold.
Whoa, missed all of this. I want you to know that if Oprah makes me famous for using the lifless corpse of a member of the eagles for percussio.................................sorry, got caught up in a dreamy visual....

Look, anybody who sues songfight needs a good reality check. And anybody who pursues individuals participating in a friendly competition about who could make the best eagles cover needs to be checked really hard. Percussively so. Legal questions are defenestrated. Instead, we must simply agree that we should be able to do this and naysayers will be punished (possibly by being forced to listen to phunt cover their songs repeatedly... live).

PS - If we get famous/rich, I'm pretty sure we'd set up a trust fund to guarantee songfight longevitiy. You all rock in you own special ways.

PPS - I wouldn't trust those guys in WreckdoM. They're shifty.

Posted: Mon Oct 03, 2005 2:41 pm
by roymond
j$ wrote:
deshead wrote: Remember DJ Danger Mouse and the Grey Album? He never charged for it, but EMI was all over him.
Remember the issue with Danger Mouse was sampling, not covering. I don't care anyway. :)
Anyone has the right to cover another artist's song, and a venue who pays ascap/bmi covers your performance. But to record it you are required to get a compulsory license. Whether they come after you is another thing.

Posted: Mon Oct 03, 2005 2:43 pm
by Egg
roymond wrote:
j$ wrote:
deshead wrote: Remember DJ Danger Mouse and the Grey Album? He never charged for it, but EMI was all over him.
Remember the issue with Danger Mouse was sampling, not covering. I don't care anyway. :)
Anyone has the right to cover another artist's song, but to record it you are required to get a mompulsory license. Whether they come after you is another thing.
Is that actually true? Or do you mean that you need a lisence to sell a recording.

Regardless, let's do a metallica cover fight, guys!

Posted: Mon Oct 03, 2005 2:51 pm
by roymond
Egg wrote:
roymond wrote:Anyone has the right to cover another artist's song, but to record it you are required to get a mompulsory license. Whether they come after you is another thing.
Is that actually true? Or do you mean that you need a lisence to sell a recording.
Wow, you're fast and caught my typo!
Yes, when something is performed the venue's license from performing rights organizatiions (PROs - ASCAP, BMI, SESAC, etc.) covers the royalties required for the entire catalogs of those PROs. When you make a recording available - doesn't matter if you sell it - technically, you need a different license for making and distributing copies.

I can post links to the legal stuff if you really care :)

Posted: Mon Oct 03, 2005 2:53 pm
by deshead
Egg wrote:Is that actually true? Or do you mean that you need a lisence to sell a recording.
It's totally true, and applies whether you sell the recording or not. The license gives you permission to make the recording.
Egg wrote:And anybody who pursues individuals participating in a friendly competition about who could make the best eagles cover needs to be checked really hard
And far be it from Don Henley to engage in asinine lawsuits.

Posted: Mon Oct 03, 2005 3:00 pm
by Albatross
deshead wrote:And far be it from Don Henley to engage in asinine lawsuits.
Mojo Nixon was right.

Posted: Tue Oct 18, 2005 3:48 am
by Caravan Ray
I'm finished - where and when do I post it?

Posted: Tue Oct 18, 2005 4:23 pm
by Dan-O from Five-O
Caravan Ray wrote:I'm finished - where and when do I post it?
Spud wrote:I can host at songhole.org if I get certain things straightened out there...

SPUD
I found this, but not sure if he's got things cleared up. Spud man, what say Ye?

Posted: Wed Oct 19, 2005 12:37 am
by j$
Roymond also offered to host this thing. I am happy to host a couple of songs if people don't have webspace as well.

The deadline is the end of November I think. Yes, the 30th.

j$

Posted: Sat Oct 29, 2005 6:20 am
by thehipcola
I also offered to host the songs, and still will if anyone needs it.

That said, I'm respectfully withdrawing from this...too little time. I still haven't finished my themesong for Dre, and that's driving me mental. I hate not being done by deadlines, and with the month ahead that's filling up fast with my new occupation's training, Hxaro, and my annual Xmas song, I strongly suspect the same is going to happen here...so I'll save myself the shame of missing the deadline and cut out now.

I'll probably still do my cover, but it won't likely be until after Christmas. So if anyone else wants it, The Disco Strangler is up for grabs.

Looking forward to hearing everyone's versions!

Posted: Mon Oct 31, 2005 12:47 pm
by Smalltown Mike
I'd also like to withdraw, making Take It Easy up for grabs.

Posted: Sat Nov 05, 2005 8:40 am
by c hack
okay, I'm switching to Take it Easy. I'll be prolly getting it in at the last minute, way things are going.

Posted: Mon Nov 07, 2005 11:58 pm
by pegor
Witchy Woman is now available - I'm out and I'm ashamed. There must be some cover/quality formula that relates time spent to talent. The time aspect ( Ill avoid the talent aspect) has been demolished by my work schedule plus my sister inlaw informing me that it's pegors turn to host thanksgiving for the whole pegor clan.

Anyway Withcy Woman rocks and BEGS to be covered with modern rock sensibilities. I have 2 published transcriptionsof it and a scanner. Im not saying. ..... im just saying ..... ya know..........

Posted: Mon Nov 21, 2005 5:01 pm
by blue
with McNabb hurt and TO out, it's looking like just about anyone can cover the Eagles.

Posted: Sat Nov 26, 2005 3:45 am
by WeaselSlayer
This is going to be awesome. Just fyi.

Posted: Mon Nov 28, 2005 8:30 am
by Leaf
I'm out of this. Not because I don't want to , but because my studio is just not ready for a full on tune. I'll be fine for the gift of xmas thingy, but not the eagles.

Posted: Mon Nov 28, 2005 11:00 am
by Albatross
I'm gonna have to bail on this as well. If the deadline gets extended, I may take another crack at it, but the 11/30 deadline is hopeless.

Posted: Mon Nov 28, 2005 11:34 am
by jimtyrrell
I have a version of my song recorded, and I'll use it if I have to. But I have a show on Wednesday and I hope to get a live recording then. Either way, I'm IN.