I have noticed a disturbing trend regarding youtube music videos

Bretrick

Well-known Member
Over the past 2 - 3 years many “live” music videos are being claimed by individuals and posting on facebook.
Years ago, almost all songs had the original live version for viewing.
Today many of those videos are not available to the general public.
The songs are still available, but only with a still shot of the artists or a picture of the 45’ record.
What do these people get out of locking a large cohort of the public out of the pleasure of viewing original content?
A lot are also locked away vie copyright.
 

The legacy of Napster that along with their myriad anonymous users very willing to steal, changed Copyright issues for the worse that we are now stuck with. Pretty much eliminated being able to play any popular Classic Rock music in public outside, or in clubs, and especially for anything being recorded and posted on the web, like we had been able to do for decades. As bad as the Napster users were, are those holding copyrights with armies of lawyers quick to sue, even trivial public usage.
 
Bretrick this one for example is a still shot.


The reason being is because it's not done by Metallica. It's their music but it's been posted by someone named Blog Pribadi. But the ones coming from Metallica are actual videos of performances. If you want actual videos you have to type in the artist and go to their page on YouTube or look for videos posted by said artist.
 

@Bretrick It's not only happening on you tube.
I went to a Renaissance Fair for Pirate Days, looking forward to hearing some of my favorite Sea Shanty songs.
I went through the list of bands playing and emailed one band requesting 2 songs I really love.
He was nice enough to write me back and said he would do one but the other he could not sing (live, untaped)
due to copyright issues and not wanting to get sued.
That confused me because if he wasn't recording it and he announced who sang the song, giving them credit ...
what was the harm?
The one song he did sing was an old one so no copyright issues I guess. Then he butchered it anyway and
didn't know the words to most of it. I was so let down but I did tip him anyway for trying. So sad.
Here is the song and it shows on you tube recorded by many others. I think he was just lacking in ability to perform it
even though his band was called Pirates Inc. :ROFLMAO:
 
The Digital Millennium Copyright Act (DMCA) simplified bringing litigation against those sharing content, for profit. However, that hurt sharers of videos and music in cultural/social settings.
Do Tribute bands then pay a % of their income when they do a show. There are so many Beatle tribute band as well as Queen and Abba, etc.
I never really thought about how this is done but have went to a few concerts of some of the tribute bands.
 
As a Classic Rock person living here in the SFBA for decades, I attend many live music events including many with cover and tribute bands. In fact, expect to drive 45 miles this evening to attend a Dead tribute jam band at a lively club venue.

How do tribute bands get around copyright?

Google AI Overview

  • Tribute bands get around copyright by having venues handle performance licenses through organizations like ASCAP and BMI, which is often covered by a "blanket license" that allows them to play copyrighted songs. While performing live is often covered, they must also avoid trademark infringement by making it clear they are a tribute act and not the original band, which is often done through disclaimers in marketing.
  • How live performances are covered
  • Blanket licenses: Venues that host tribute bands typically purchase blanket licenses from performance rights organizations (PROs) like ASCAP, BMI, and SESAC.
  • Venue responsibility: These blanket licenses allow venues to host a wide variety of music, covering the copyright for the songs performed. It is the responsibility of the venue, not the tribute band, to pay for these licenses.
  • No direct payment: Because of this system, the tribute band does not need to pay royalties directly to the original artists for live performances, as the fees are handled by the venue through the PROs.

Google AI Overview: How trademark and identity issues are handled
  • Tribute bands must take steps to ensure they do not infringe on the original band's trademark or confuse the public into thinking they are the original. Use disclaimers: Many tribute bands clearly state that they are a "tribute to" the original artist in their name and marketing materials.
  • Unique names: Some tribute acts choose unique stage names to differentiate themselves.
  • Image rights: They must be careful with their use of the original band's images and likenesses, especially in advertising, to avoid claims of "passing off" or trademark infringement.
  • Recorded content: If a tribute band records and distributes their own version of a song, they will need to secure a mechanical license and compensate the copyright holder for that use.
  • Legal advice: It is always a good idea for tribute bands to seek legal advice to ensure they are navigating all the legal requirements correctly, especially regarding their name, branding, and marketing.
 
As a Classic Rock person living here in the SFBA for decades, I attend many live music events including many with cover and tribute bands. In fact, expect to drive 45 miles this evening to attend a Dead tribute jam band at a lively club venue.

How do tribute bands get around copyright?

Google AI Overview

  • Tribute bands get around copyright by having venues handle performance licenses through organizations like ASCAP and BMI, which is often covered by a "blanket license" that allows them to play copyrighted songs. While performing live is often covered, they must also avoid trademark infringement by making it clear they are a tribute act and not the original band, which is often done through disclaimers in marketing.
  • How live performances are covered
  • Blanket licenses: Venues that host tribute bands typically purchase blanket licenses from performance rights organizations (PROs) like ASCAP, BMI, and SESAC.
  • Venue responsibility: These blanket licenses allow venues to host a wide variety of music, covering the copyright for the songs performed. It is the responsibility of the venue, not the tribute band, to pay for these licenses.
  • No direct payment: Because of this system, the tribute band does not need to pay royalties directly to the original artists for live performances, as the fees are handled by the venue through the PROs.

Google AI Overview: How trademark and identity issues are handled
  • Tribute bands must take steps to ensure they do not infringe on the original band's trademark or confuse the public into thinking they are the original. Use disclaimers: Many tribute bands clearly state that they are a "tribute to" the original artist in their name and marketing materials.
  • Unique names: Some tribute acts choose unique stage names to differentiate themselves.
  • Image rights: They must be careful with their use of the original band's images and likenesses, especially in advertising, to avoid claims of "passing off" or trademark infringement.
  • Recorded content: If a tribute band records and distributes their own version of a song, they will need to secure a mechanical license and compensate the copyright holder for that use.
  • Legal advice: It is always a good idea for tribute bands to seek legal advice to ensure they are navigating all the legal requirements correctly, especially regarding their name, branding, and marketing.
Thank You David, Now my curiosity of something I should have thought about before is answered.
 


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