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Post by gdforever on Jul 10, 2012 20:08:27 GMT -5
So I was made curious about comments that Noel had made regarding BDI being welcome to play his songs as long as they submitted the PRS forms.
I always thought, and I know that it has been proposed several times on this board, that there is no financial cost to playing a cover song unless you record and release it. That there is no financial compensation to the writers.
Apparently live covers are covered by PRS though
Which is interesting. So Noel is making money off Beady Eye playing the Oasis song he wrote...
Apparently it's the venue, not BDI, that pays Noel for the use of the songs though
My question is...does anyone know what the cost of stuff like that is? It must not be much if it is mostly covering two-bit local bands.
I'm not trying to start another discussion about who has rights to play what. So if we could keep that side of things out of it. I was just curious
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holidayinthesun
Oasis Roadie
It's got a back beat, you can't lose it.
Posts: 174
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Post by holidayinthesun on Jul 10, 2012 22:56:18 GMT -5
As an attorney who has practiced some entertainment and contract law, I can't at all imagine any payments being paid to Noel regarding the live Oasis songs. Perhaps there is some UK / international law that I'm not aware of. I also have not seen the paperwork on the"PROs" but I'm not positive it applies here. What employee from the venue ran and filed a form on this issue? When would they do that? Maybe they were not Oasis fans and didn't recognize the old Oasis tunes? It's not like Liam would make it a point to do so, and who could blame him? I can't believe that every time a band anywhere launches into a cover song, the original writer gets a royalty. When you contemplate the amount of live venues (clubs, pubs, coffee shops, parks, etc) out there, you can see why. I'm guessing Noel was only joking. Either that or the venue pays a flat-fee each year anyway and Noel's people might file a claim? If i had to guess I'd say that Noel would not get a penny from the BDI set. Neither would would the guys who wrote Sons of the Stage, or Lennon / McCartney for "Across the Universe" (if it had been played, as it has been before). I'm sure Oasis never payed the "Come on Bring The Noise" guys a royalty. Either way, it's quite ridiculous. Live and let live.
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Deleted
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Post by Deleted on Jul 11, 2012 2:32:40 GMT -5
As an attorney who has practiced some entertainment and contract law, I can't at all imagine any payments being paid to Noel regarding the live Oasis songs. Perhaps there is some UK / international law that I'm not aware of. I also have not seen the paperwork on the"PROs" but I'm not positive it applies here. What employee from the venue ran and filed a form on this issue? When would they do that? Maybe they were not Oasis fans and didn't recognize the old Oasis tunes? It's not like Liam would make it a point to do so, and who could blame him? I can't believe that every time a band anywhere launches into a cover song, the original writer gets a royalty. When you contemplate the amount of live venues (clubs, pubs, coffee shops, parks, etc) out there, you can see why. I'm guessing Noel was only joking. Either that or the venue pays a flat-fee each year anyway and Noel's people might file a claim? If i had to guess I'd say that Noel would not get a penny from the BDI set. Neither would would the guys who wrote Sons of the Stage, or Lennon / McCartney for "Across the Universe" (if it had been played, as it has been before). I'm sure Oasis never payed the "Come on Bring The Noise" guys a royalty. Either way, it's quite ridiculous. Live and let live. i think they did as i remember Noddy Holder saying something about getting a nice cheque from Noel
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Post by icebreath on Jul 11, 2012 4:10:17 GMT -5
As an attorney who has practiced some entertainment and contract law, I can't at all imagine any payments being paid to Noel regarding the live Oasis songs. Perhaps there is some UK / international law that I'm not aware of. I also have not seen the paperwork on the"PROs" but I'm not positive it applies here. What employee from the venue ran and filed a form on this issue? When would they do that? Maybe they were not Oasis fans and didn't recognize the old Oasis tunes? It's not like Liam would make it a point to do so, and who could blame him? I can't believe that every time a band anywhere launches into a cover song, the original writer gets a royalty. When you contemplate the amount of live venues (clubs, pubs, coffee shops, parks, etc) out there, you can see why. I'm guessing Noel was only joking. Either that or the venue pays a flat-fee each year anyway and Noel's people might file a claim? If i had to guess I'd say that Noel would not get a penny from the BDI set. Neither would would the guys who wrote Sons of the Stage, or Lennon / McCartney for "Across the Universe" (if it had been played, as it has been before). I'm sure Oasis never payed the "Come on Bring The Noise" guys a royalty. Either way, it's quite ridiculous. Live and let live. i think they did as i remember Noddy Holder saying something about getting a nice cheque from Noel It was officially released as a b-side though.In this thread we talking only for live covers without being officially released in any form.
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Post by GIMH on Jul 11, 2012 11:14:59 GMT -5
So I was made curious about comments that Noel had made regarding BDI being welcome to play his songs as long as they submitted the PRS forms. I always thought, and I know that it has been proposed several times on this board, that there is no financial cost to playing a cover song unless you record and release it. That there is no financial compensation to the writers. Apparently live covers are covered by PRS though Which is interesting. So Noel is making money off Beady Eye playing the Oasis song he wrote... Apparently it's the venue, not BDI, that pays Noel for the use of the songs though My question is...does anyone know what the cost of stuff like that is? It must not be much if it is mostly covering two-bit local bands. I'm not trying to start another discussion about who has rights to play what. So if we could keep that side of things out of it. I was just curious I missed these comments what were they specifically? Got a link?
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Post by deasy on Jul 11, 2012 11:32:11 GMT -5
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Post by Bellboy on Jul 11, 2012 11:32:17 GMT -5
As an attorney who has practiced some entertainment and contract law, I can't at all imagine any payments being paid to Noel regarding the live Oasis songs. Perhaps there is some UK / international law that I'm not aware of. I also have not seen the paperwork on the"PROs" but I'm not positive it applies here. What employee from the venue ran and filed a form on this issue? When would they do that? Maybe they were not Oasis fans and didn't recognize the old Oasis tunes? It's not like Liam would make it a point to do so, and who could blame him? I can't believe that every time a band anywhere launches into a cover song, the original writer gets a royalty. When you contemplate the amount of live venues (clubs, pubs, coffee shops, parks, etc) out there, you can see why. I'm guessing Noel was only joking. Either that or the venue pays a flat-fee each year anyway and Noel's people might file a claim? If i had to guess I'd say that Noel would not get a penny from the BDI set. Neither would would the guys who wrote Sons of the Stage, or Lennon / McCartney for "Across the Universe" (if it had been played, as it has been before). I'm sure Oasis never payed the "Come on Bring The Noise" guys a royalty. Either way, it's quite ridiculous. Live and let live. Basically this. As far as I understand it Pubs, clubs & even stadiums pay an annual fee to PRS (PRO) and this is distributed somehow via the record companies. There would be a few people taking a cut & by the time a cheque comes through to Noel & it wouldn't be for very much. Play the songs for a whole tour though & that might amount to something. I don't think there is much money in this as there used to be, before the internet! What I'm never sure of though is how an artist is informed of their music is actually being played? For example - a pub could have a juke box filled with nothing but the Beatles for 6 months, then Change it to nothing but The Kinks. Music is being blasted out everyday as much as you want. I think all the pub needs to do is pay an annual fee to PRS (PRO) to have the jukebox and have the contents heard by the public.
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Post by gdforever on Jul 11, 2012 12:12:54 GMT -5
Noel mentioned something about PRS forms.
It would be absurd for things like jukeboxes. Who is gonna keep track of how many time "strawberry Fields Forever" is played?
But for the venues that BDI will play maybe they do keep track and submit records?
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Post by cigsandalc on Jul 11, 2012 12:22:56 GMT -5
So that means Oasis paid a lot of money to Lennon/McCartney for IATW and also to Townshend for My Generation? (Well at some point i guess they had to as they were using them as B-Sides but to me thats it..)
Tbh can´t really see that. Plus it seems a bit weird that Liam plus 2 other members of Oasis have to pay money for playing songs live that they played for 12 years now and in liams case since they were recorded (of course noel wrote them but still...)
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Post by Let It Bleed on Jul 11, 2012 12:24:58 GMT -5
i don't think bands playing other bands songs live is a big deal. the Beatles said they used to forge the names of the songs they covered to not have to pay royalties. if anything it's great free advertising. on a side note, a topic that is important, my scalp's been really dry lately. God bless.
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Post by gdforever on Jul 11, 2012 13:05:47 GMT -5
So that means Oasis paid a lot of money to Lennon/McCartney for IATW and also to Townshend for My Generation? (Well at some point i guess they had to as they were using them as B-Sides but to me thats it..) Tbh can´t really see that. Plus it seems a bit weird that Liam plus 2 other members of Oasis have to pay money for playing songs live that they played for 12 years now and in liams case since they were recorded (of course noel wrote them but still...) I think the writers retain the rights to the songs but not the recordings. Like when Ryan Adams recorded Wonderwall...I think Noel got paid for that...Liam and co. didn't even though they as a band were the first ones to release it. From what I understand even someone like Elvis would have owed the people that wrote the songs he sang live at least a nominal amount. As for LIB...this has nothing to do with rights. Everyone has the right to play anything. I guess that answers my question though. No one knows how much PRS Noel would be getting from BDI playing those songs. Nobody can say for certain that Oasis or the venues they played at never paid to play My Generation, etc live. It's a boring administrative detail...I don't know why anyone thinks that just because it's never been mentioned means it has never happened.
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Post by Let It Bleed on Jul 11, 2012 13:12:11 GMT -5
So that means Oasis paid a lot of money to Lennon/McCartney for IATW and also to Townshend for My Generation? (Well at some point i guess they had to as they were using them as B-Sides but to me thats it..) Tbh can´t really see that. Plus it seems a bit weird that Liam plus 2 other members of Oasis have to pay money for playing songs live that they played for 12 years now and in liams case since they were recorded (of course noel wrote them but still...) I think the writers retain the rights to the songs but not the recordings. Like when Ryan Adams recorded Wonderwall...I think Noel got paid for that...Liam and co. didn't even though they as a band were the first ones to release it. From what I understand even someone like Elvis would have owed the people that wrote the songs he sang live at least a nominal amount. As for LIB...this has nothing to do with rights. Everyone has the right to play anything. I guess that answers my question though. No one knows how much PRS Noel would be getting from BDI playing those songs. Nobody can say for certain that Oasis or the venues they played at never paid to play My Generation, etc live. It's a boring administrative detail...I don't know why anyone thinks that just because it's never been mentioned means it has never happened. i'm a little upset you didn't mention my dry scalp. God bless.
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Post by gdforever on Jul 11, 2012 13:18:30 GMT -5
I think the writers retain the rights to the songs but not the recordings. Like when Ryan Adams recorded Wonderwall...I think Noel got paid for that...Liam and co. didn't even though they as a band were the first ones to release it. From what I understand even someone like Elvis would have owed the people that wrote the songs he sang live at least a nominal amount. As for LIB...this has nothing to do with rights. Everyone has the right to play anything. I guess that answers my question though. No one knows how much PRS Noel would be getting from BDI playing those songs. Nobody can say for certain that Oasis or the venues they played at never paid to play My Generation, etc live. It's a boring administrative detail...I don't know why anyone thinks that just because it's never been mentioned means it has never happened. i'm a little upset you didn't mention my dry scalp. God bless. You poor dear. Just be glad you aren't bald.
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Post by rupertg on Jul 11, 2012 13:51:11 GMT -5
i truly doubt any band who covers another persons music live has to pay (band/venue). Only if they are selling the recording in a format like iTunes, CDs etc. Then they would need the correct permission. If people did have to pay it would be one HUGE mess legally/financially.
A tribute band on the other hand I'm not sure about. I'm sure there is some contract you have to renew or something.
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Post by barnafin95 on Jul 11, 2012 13:59:31 GMT -5
If bands do have to pay to cover songs, what would be the attraction of doing it?
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Post by gdforever on Jul 11, 2012 14:10:58 GMT -5
i truly doubt any band who covers another persons music live has to pay (band/venue). Only if they are selling the recording in a format like iTunes, CDs etc. Then they would need the correct permission. If people did have to pay it would be one HUGE mess legally/financially. A tribute band on the other hand I'm not sure about. I'm sure there is some contract you have to renew or something. The band doesn't pay if it's a public performance. The venue does apparently. That is what the initial post says. From what I can find if the venues doesn't pay their PRO dues the venue AND the band can be on the hook for the infringement though. It could be like waitresses and their tips to a certain extent, though. They are supposed to claim them but most don't and take it as tax free income. Everyone knows it happens but no it makes a big deal about it. It is a FACT that strictly speaking when BDI play a Noel Gallagher written tune he legally is entitled to compensation for the use of his tune. Whether he actually gets it is another matter. I was just curious if anyone knows what artists get for stuff like that. I think Tribute bands need to register or something don't they?
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Post by GIMH on Jul 11, 2012 14:28:35 GMT -5
Noel's tongue is surely planted firmly in cheek there???
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Post by LlAM on Jul 11, 2012 14:39:17 GMT -5
You don't, as an act, have to pay, or get permission, to play other peoples songs live.
The venue pays a general fee to play music pubicly, which has nothing to do with the artist playing or the artist who owns the rights to the music.
Noel is not paid for people playing his songs live in any way.
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Post by gdforever on Jul 11, 2012 14:59:11 GMT -5
So you agree they pay an organization to play the music but don't think the original artists get any portion of the money.
That can't possibly be right.
I mean...what would be the rationale behind PRO's collecting money if there is no compensation to original artists? They have no rights over the music at all.
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Deleted
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Post by Deleted on Jul 11, 2012 15:03:35 GMT -5
Noel's clearly on a windup
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Post by Nyron Nosworthy on Jul 11, 2012 16:12:25 GMT -5
So you agree they pay an organization to play the music but don't think the original artists get any portion of the money. That can't possibly be right. I mean...what would be the rationale behind PRO's collecting money if there is no compensation to original artists? They have no rights over the music at all. He is right. You're getting caught up on the live performances bit but its a lot more straight forward than that. Anyone who wishes to play music for commercial use must obtain a licence - be it a music venue hosting live bands, a pub with a jukebox, a supermarket, fitness instructor playing music in their class, etc. They pay an annual fee (I think, could be wrong on that) and are free to play what they like. AFAIK the money is redistributed back to the record labels. Noel doesn't get a cheque every time the dukebox in the Nag's Head plays Wonderwall. Whilst technically there is a financial cost to playing covers, in reality it doesn't work like that.
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Deleted
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Post by Deleted on Jul 11, 2012 17:15:46 GMT -5
The facts are these - Noel DOES get money everytime a track he has written is played on a jukebox, or in any place licenced for the 'public performnace' of music, whether live or on record. And none of it goes to the record company. Any venue, be it pub, club, arena, stadium or festival, that makes a 'public performance' of music, whether live or recorded, pays a fee to whatever collection society is relevant in whichever country. This fee is then paid directly to the writer of the song, or to the puiblisher of the song if there is one, who then passes the agreed split onto the writer. This is why publishing companies are the biggest earners in the music business and are relatively untouched by 'illegal' downloading. Every venue, or gig performance, has to fill in a form with the details or each song, or the jukebox company supplies details, or the company that gives shops background music playlists etc.(these are the 'PRS' forms mentioned by Noel in the original story). The sums involved are sunstantial - a national daytime radio play in the UK will pay something like £60 to the writer(s) each time it is played. A large festival appearance wiill generate a great deal of money this way - the collection society fee is set at a percentage of ticket sales, and is distributed to the artists dpeending on where there are on the bill in an estimation of how many people heard the tracks, so a headline set in a small tent might generate less than a lower down the bill slot on the main stage. If you appear at a decent mid point on a bill in a festival tent stage and play ten of your own songs you will generate around £500. This applies to DJs as well as live bands - all artists have to fill in a from with artist/title label details, and at bigger shows there is often a representitive of the collection society onhand to make sure this is done. One of my friends looks after this side of things for many major acts and makes sure they get the money they are due, and has explained it to me in great details
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J-200
Oasis Roadie
Posts: 257
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Post by J-200 on Jul 11, 2012 18:22:58 GMT -5
The quote in the article comes from this interview, I think.
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Deleted
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Post by Deleted on Jul 11, 2012 21:21:23 GMT -5
since the original question seems to have been answered, what about the other part of the quote where Noel declares that beady eye have his permission to play his songs.
do they require his permission to play them live? and is there any legal option open to Noel if he decided to withdraw his permission?
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Post by gdforever on Jul 12, 2012 0:40:03 GMT -5
since the original question seems to have been answered, what about the other part of the quote where Noel declares that beady eye have his permission to play his songs. do they require his permission to play them live? and is there any legal option open to Noel if he decided to withdraw his permission? Absolutely not I would think. Noel had said before that he has no right to refuse someone to even record a song as long as they don't change the arrangement. First of all BDI are playing the Oasis version. Second of all I imagine the limitations of a live performance are even less than recording a version. Legally he could have played DLBIA
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