In Reply to: The writer, like some here, does not undertand copyright. posted by Duilawyer on March 10, 2007 at 08:16:38:
If they are "pretending" to be Van Halen or Zeppelin, as in acting like them, it would be trademark, not copyright infringement. This is how the Presley Enterprises goes after Elvis impersonators, is it not? Elvis impersonators have to pay a licensing fee to use the Elvis "image" in their act. It has nothing to do with performing an Elvis song.Merely covering a song is not grounds for copyright infringement, unless there are no performance fees paid to the publishing holder via BMI/ASCAP, etc. As a matter of fact, the right to record and release a cover song is compulsory, as long as royalties are paid to the writer/publisher.
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Follow Ups
- Wouldn't this deal with trademark? - mishmashmusic 06:46:23 03/11/07 (0)