Using someone else's music in a performance

[Oliver Addams]

Hey, I have some questions about copyright stuff for magic performances.

I would love to use a piece of mainstream music such as the Doors in a stage/parlor performance but I do not know the legalities of it all. I was hoping someone could help me out by explaining what I would have to do to be able to use a piece of music that is well known. Does having someone perform a live version on lets say a piano work or would I still need some sort of permission. I really don't know. I would love it if someone who knows this stuff could help explain.

Thanks,

–Oliver

[Simon_Magic]

Heya Oliver!

I think that as long as you do not claim that the music you are using is yours, your good to go. When you buy the CD/Download/LP/Whatever then you have the right to play the music. Obviously I do not know if this is the law, but it stands to reason. Otherwise you would have your music but you wouldn't be allowed to hear it in the first place!

When I do shows with popular music, the only trouble I have is when I place it on Youtube. A lot of music companies have deals with Youtube that allow users to use their music for their own videos for example Charly by the Prodigy. You then get an email from Youtube saying that because they know the music is not owned by you, the company that has produced it has the right to pull the sound from that video whenever they want, and a link to buy that song off ITunes is added to your video's page when it is loaded. Your only problem with Youtube is that they do not have a deal with every record company, and I have had an email from Youtube once telling me that the music on my video has been pulled off because that certain company doesn't like their music being used. I then had to sit through a rather degrading 5 minute cartoon video on the subject of copyright theft, despite the fact I never claimed that I created the track.

In a stage show however, no one is really going to mind. Copperfield, Sperry, Burton and loads of others use popular music and no one bats an eyelid.

I work a lot in the Burlesque clubs and Cabaret clubs here in the UK, and I'm telling you now that if every single one of those girls and boys couldn't use popular music, there wouldn't be a show.

Simon_Magic

[ChristopherT]

Actually, at least in the US, you're a bit off there.

When you purchase music (or movies or whatever) you have the right to enjoy that music yourself or with a small group. Technically, if you use that music during anything that will earn you money or for a large enough crowd, you need to get the rights to do that and pay royalties.

That being said, unless you're pretty well known, the chances are that it will never come up. I've seen some of the magic-famous people out there say that they've never paid royalties for the music they used, even though they knew they probably should.

Basically, it comes down to this: You're using someone else's intellectual property. They are due their royalties whenever you do that for personal gain (or for a large enough audience for free), if they want them. Trick or track, someone put the work into making it and they are due their royalties.

[Oliver Addams]

Actually, at least in the US, you're a bit off there.

When you purchase music (or movies or whatever) you have the right to enjoy that music yourself or with a small group. Technically, if you use that music during anything that will earn you money or for a large enough crowd, you need to get the rights to do that and pay royalties.

That being said, unless you're pretty well known, the chances are that it will never come up. I've seen some of the magic-famous people out there say that they've never paid royalties for the music they used, even though they knew they probably should.

Basically, it comes down to this: You're using someone else's intellectual property. They are due their royalties whenever you do that for personal gain (or for a large enough audience for free), if they want them. Trick or track, someone put the work into making it and they are due their royalties.

That's what I was thinking. I would like to have a cover of the Doors song "People Are Strange" on the piano, either have a pianist perform it live while I perform or have it playing over a sound system. Because it is a piano cover and not an actual band playing a cover is that a way to get around it? Perhaps can I modify the song note-wise to make it different yet still similar so the audience can recognize the song?

[JButterfield]

Perhaps can I modify the song note-wise to make it different yet still similar so the audience can recognize the song?

If it's someone else's song, it's someone else's song. If it's too similar to another song, that's still an infringement.

"Bittersweet Symphony" turned out to be a Rolling Stones song slowed down, and led to a big lawsuit for instance.

[bentley]

Actually, at least in the US, you're a bit off there.

When you purchase music (or movies or whatever) you have the right to enjoy that music yourself or with a small group. Technically, if you use that music during anything that will earn you money or for a large enough crowd, you need to get the rights to do that and pay royalties.

That being said, unless you're pretty well known, the chances are that it will never come up. I've seen some of the magic-famous people out there say that they've never paid royalties for the music they used, even though they knew they probably should.

Basically, it comes down to this: You're using someone else's intellectual property. They are due their royalties whenever you do that for personal gain (or for a large enough audience for free), if they want them. Trick or track, someone put the work into making it and they are due their royalties.

Not necessarily true IF you are performing on a stage such as a theatre. It is the theatre's job to buy the blanket license because they benefit. Best answer is to check ASCAP and BMI for the rules. Straight from ASCAP:"Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business."

[CalvinTan]

Not necessarily true IF you are performing on a stage such as a theatre. It is the theatre's job to buy the blanket license because they benefit. Best answer is to check ASCAP and BMI for the rules. Straight from ASCAP:Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.

What you are describing is what is called performance rights. If you are performing using copyrighted music, whether it's live or not, you will need a license with ASCAP and BMI. If you are going to broadcast the music, such as on TV, the radio, or any other sort of media, you will need broadcast rights which is a separate license from ASCAP and BMI. (SOCAP for Canada).

Bentley is correct in that the business owner should obtain the license for his establishment, such as bars that bring in cover bands, however, not all business owners are aware of these licenses, and/or choose not to pay for the license. Within the last few years, I have seen an increase in ASCAP and BMI cracking down on businesses that do not have licenses. (I work in the audio industry)

-Calvin

[RealityOne]

To be clear, the performer is as much on the hook as the establishment.

If a performer uses a song in their performance, they can get the license to the music -- that way, whatever venue they are performing in they are covered.

[RickEverhart]

As mentioned by others...you should get the license, but 90 percent of us myself including do not because we are hobbyist or semi-professional magicians and not making thousands upon thousands of dollars. If I play some popular music while performing a birthday party show in a garage...I'm pretty sure nobody is going to come knocking at my door asking for a license.

[AshleyHall]

This post has been edited due to the amazing responses and assistance I have received here... you guys are awesome! Cheers...