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socrateaser
socrateaser, Lawyer
Category: Intellectual Property Law
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Experience:  Retired (mostly)
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im curious about use of music laws. If I want to sing beatles

Resolved Question:

im curious about use of music laws.

If I want to sing beatles songs or justin timberlake songs at a concert, am i permitted to do it without permission. do the tribute bands get permission from the groups they are imitating to sing all the songs they perform in a concert?

do marching bands in highschool need permission to play the music they play?

is permission needed by the above examples if they perform the music on TV?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 1 year ago.
The concert promoter and venue (whether concert hall or TV/Radio Station) are responsible for paying any performance rights fees to ASCAP, BMI or SESAC.

You have no legal obligation to pay the fees yourself.

Hope this helps.
Customer: replied 1 year ago.
Can you answer my questions about permission etc
Expert:  socrateaser replied 1 year ago.
Hmmm, maybe I miscommunicated. I'll try to be more clear:

If I want to sing beatles songs or justin timberlake songs at a concert, am i permitted to do it without permission.

A: Yes, you can sing without permission. The concert promoter and venue (whether concert hall or TV/Radio Station) are responsible for paying any performance rights fees to XXXXX or SESAC.

do the tribute bands get permission from the groups they are imitating to sing all the songs they perform in a concert?

A: No, the bands don't need permission. The concert venue is liable for the fees to ASCAP, BMI or SESAC.

do marching bands in highschool need permission to play the music they play?

A: No. This is "fair use," because it's generally a public performance for a governmental entity. If it were a college or pro sports event, then the school would have to pay the fees.

is permission needed by the above examples if they perform the music on TV?

A: Yes, but the TV station or network would have to pay the fees to ASCAP, BMI or SESAC.

I hope this clarifies my original answer. Please let me know if you need further assistance.
Customer: replied 1 year ago.

one more please.


what is the difference between publishing, synch rights, and performance rights

Expert:  socrateaser replied 1 year ago.
what is the difference between publishing, synch rights, and performance rights?

A: Publishing rights is the collective right granted by an author to reproduce a musical composition and market it to the industry and/or public for whatever profit-making purpose may be available.

Synchronization rights is the right to use a musical composition as background to a video or film (or, on an amusment ride, etc. -- wherever the music is time sychronized to some other activity).

Performance rights is the right to perform the composition as it was originally performed. It includes concert, radio, tv, etc. -- it does not include substantially modifying the composition or original performance, such as by creating a "mix" track, or orchestral arrangement of the composition. For that, you would have to obtain a special license from the publisher.

Hope this helps.
socrateaser, Lawyer
Satisfied Customers: 34085
Experience: Retired (mostly)
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