StoneMtn Posted April 1, 2005 Report Share Posted April 1, 2005 As you are all aware, I am not an intellectual property lawyer. That being said, I have been forwarded a story this morning by an IP lawyer friend of mine that is likely to be scary for any of you out there who are trying to make a living as a musician. Be careful what you play:...In a surprising ruling of March 31, 2005, the Canadian Copyright Board has finally given its opinion on "cover" songs or "tributes" performed live by musicians in Canada....Victor El Vet, of Cassiar, British Columbia was the defendant in a novel case. Mr. El Vet has been an "Elvis Impersonator" for 18 years; playing the circuit in Northern BC and Yukon. He was surprised to be brought before the Canadian Copyright Board because of his performance. Mr. El Vet was heard on March 31, 2005 in front of a three-person tribunal......In a surprise ruling, the Copyright Board unanimously opined that all musicians playing in Canada must pay the holder of a copyright in any song in advance of playing that song, or face severe fines. The Board suggested an advance payment of $76.00 to $126.00 per song, depending on its length. In the event that an artist chooses to play a copyrighted song without remitting payment in advance, that artist could face fines of up to $1000.00 per song played; ie. per copyright infringement.V. El Vet was contacted for comment this morning at his Cassiar studio, and commented, "I am out of business! I play 18 Elvis songs per night, and I only make $450.00! I can't possibly pay those rates. How can they expect a musician to make a living now?" Click here for the full story and link to the judgment of the Copyright Board Link to comment Share on other sites More sharing options...
ToddVelvet Posted April 1, 2005 Report Share Posted April 1, 2005 This is scary news indeed! Link to comment Share on other sites More sharing options...
Velvet Posted April 1, 2005 Report Share Posted April 1, 2005 This just in: Lawyers are evil. Link to comment Share on other sites More sharing options...
Tooly Posted April 1, 2005 Report Share Posted April 1, 2005 thats pretty damn lame if u ask me Link to comment Share on other sites More sharing options...
StoneMtn Posted April 1, 2005 Author Report Share Posted April 1, 2005 This just in:Lawyers are evil. Link to comment Share on other sites More sharing options...
Esau Posted April 1, 2005 Report Share Posted April 1, 2005 Funny...although, I remember having a discussion about this with Doug Feaver and this is the main reason he is not to in favour of his live recordings being passed around.Because of the covers he plays. My ex & I however did meet an Elvis impersonator & artist (painter) in Whitehorse back in 1998,he even signed his paintings "Elvis Presley". Link to comment Share on other sites More sharing options...
Kaidy Mae Posted April 1, 2005 Report Share Posted April 1, 2005 Wow StoneMtn! That is crazy news. Are those fees required every time the song is played? My lips are sealed. Keep up with the homages to each other and music makers from bygone days. Link to comment Share on other sites More sharing options...
Dynamo Posted April 1, 2005 Report Share Posted April 1, 2005 I'd rather see the writers of the songs play them in person than see someone who sorta sounds like them do it. Besides, how many freakin' Hip cover bands do we need? Shania Twin? Please. As a musician, I find this both good and bad. It's always nice to pull out a cover and appease an audience, but now the pressure's on us to perform more original music. If audiences don't have as many cover bands to see, then maybe they'll try out some original bands. I've always wondered why this was limited to cover-recordings and not live performances. Will this ruling affect the cocktail bar pianist doing jazz standards? What about karaoke? Hmmm. Gonna be a tough battle and very difficult to police this... Link to comment Share on other sites More sharing options...
Large Marge Posted April 1, 2005 Report Share Posted April 1, 2005 This is totally whack! :: How the fu©k are any cover bands supposed to make a living? Man, when I lived in T-Bay, we used to actually get stoked for bands like Road Apples and Back in Black (sad, I know - it was definitely a good thing when BnB finally came along!!!) Does anyone remember Road Apples? They tried to become "Vagabond Groove" and play some originals and no one came out to the shows... if they hadn't been able to revert to their Hip covers, they would have been totally screwed! Does this mean no one's ever allowed to read out loud again either? Link to comment Share on other sites More sharing options...
Dynamo Posted April 1, 2005 Report Share Posted April 1, 2005 Does this mean no one's ever allowed to read out loud again either? As long as we can still move our lips...I'm happy Link to comment Share on other sites More sharing options...
Blurry Posted April 1, 2005 Report Share Posted April 1, 2005 Ha, I remember Road Apples! Haven't heard that name in a long time. Saw them play my first year in Kingston. Did you know the term road apples refers to horse poop on the road!?!?!? Tis too bad about that judgement - and silly if you ask me! If someone, some band is playing your song, it should be taken as a complement. I know that this ruling applies to Canada but imagine if it applied to the states - DSO would be SCREWED! Link to comment Share on other sites More sharing options...
Esau Posted April 1, 2005 Report Share Posted April 1, 2005 ...my god... Link to comment Share on other sites More sharing options...
dave-O Posted April 1, 2005 Report Share Posted April 1, 2005 Does anyone remember Road Apples? They tried to become "Vagabond Groove" and play some originals and no one came out to the shows... Vagabond Groove! What a great memory, I used to work with the guitarist's brother in K-town. You would have been shocked to find out how much $$ those guys made as Road Apples. Link to comment Share on other sites More sharing options...
bradm Posted April 1, 2005 Report Share Posted April 1, 2005 I wonder if they pro-rate the fee (based on time? number of lines sung?) for songs that are just teased...oh, man, if they don't, and if this ruling had come in during ferriswheeler's heyday, I wonder how much "Independentland" would have cost them... Aloha, Brad Link to comment Share on other sites More sharing options...
Kaidy Mae Posted April 1, 2005 Report Share Posted April 1, 2005 Shania Twin? Please. LMAO Exactly right. I was thinking more of the musicians who write their own music, but occasionally like to pay tribute to people/peers they respect (i.e. GTB covering JSB & vice versa). When you look at bands like the Dead, there were quit a few classic songs in there that they did not write. I don't know about everyone else, but I dig hearing songs like Hard To Handle performed throughout different decades in different ways. If audiences don't have as many cover bands to see, then maybe they'll try out some original bands. Good point! I somehow doubt this ruling will pertain to bands who cover a few songs here and there (unless perhaps they are trademarks by other well-known artists like the Beatles or Elvis). However, bands who greatly rely on covers to make a living (not to mention pleasing their audience) are going to have one sh!t time. Caution Jam have both originals and covers. They play both. But, they play a lot of those covers especially well and love doing it. I can't imagine being on the boat cruise and not hearing a sweet Boogie On Reggae Woman. Sucky indeed. P.S. June 4th for the boat cruise. Hope to see some of you folks there! Link to comment Share on other sites More sharing options...
bradm Posted April 1, 2005 Report Share Posted April 1, 2005 (i.e. GTB covering JSB & vice versa) Huh? :: I've heard JSB do covers (e.g., of Kiss and Pink Floyd tunes), but never heard them do any GTB, and I don't I've heard GTB do a cover tune, ever. Aloha, Brad Link to comment Share on other sites More sharing options...
Kaidy Mae Posted April 1, 2005 Report Share Posted April 1, 2005 At the last GTB show at the Rivoli (I'm sure you all remember the drama ) they credited a song as being a JSB song. I haven't seen JSB in ages, but the last time I saw them someone said a song they played was a GTB original. Too long ago to say which tune though. Apologies if I'm wrong on this one though. Link to comment Share on other sites More sharing options...
AD Posted April 1, 2005 Report Share Posted April 1, 2005 I really like JSB's cover of Daft Punk's 'Around the World' ad Link to comment Share on other sites More sharing options...
MasterShake Posted April 1, 2005 Report Share Posted April 1, 2005 My only hope is that they enforce this law like they enforce something like jaywalking... Link to comment Share on other sites More sharing options...
MasterShake Posted April 1, 2005 Report Share Posted April 1, 2005 wait a second... something seems fisy here.... WHAT'S THE DATE TODAY GUYS?? HORRAY FOR ME! I'm not a sucker! Link to comment Share on other sites More sharing options...
Esau Posted April 1, 2005 Report Share Posted April 1, 2005 HORRAY FOR ME! I'm not a sucker! Took almost a half hour for ya though...LOL I was wondering how long before ya'll would figure that out.... Link to comment Share on other sites More sharing options...
Dynamo Posted April 1, 2005 Report Share Posted April 1, 2005 wait a second... something seems fisy here.... WHAT'S THE DATE TODAY GUYS?? HORRAY FOR ME! I'm not a sucker! Now we know who followed the link At least it started some good discussion. LOL. What a freakin' funny day. Link to comment Share on other sites More sharing options...
Kaidy Mae Posted April 1, 2005 Report Share Posted April 1, 2005 HORRAY FOR ME! I'm not a sucker! DAMN! And I was just about to make it. Bah! Sneaky fu©kin' lawyers. Well done StoneMtn. One sure way to get us all going is to threaten our sweet, sweet music. Link to comment Share on other sites More sharing options...
Esau Posted April 1, 2005 Report Share Posted April 1, 2005 Some of you....I was smart enough to check the link long before posting,especially given what day it is,even thought I gave it away with my first post. Link to comment Share on other sites More sharing options...
MasterShake Posted April 1, 2005 Report Share Posted April 1, 2005 hahaha.. yeah..i'm a musician.. sucker? no. a bit slow sometimes? yeah Link to comment Share on other sites More sharing options...
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