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whisch is fine; but he thinks he does. Like Likely Written by Rove.
Van Halen and Led Zepplin Sue Nightclub Over Cover Songs
Written by Brandon DavietThe details of this are just starting to come to light but it seems that the members of Led Zeppelin and Van Halen have reached a new low in both human behavior and base capitalistic greed.
Colorado’s Vail Daily is reporting that Van Halen and Led Zeppelin are suing the Vail nightclub 8150, and its owner Steven Kovacik, for allowing bands to perform cover versions of the bands' collective songs. The plaintiffs are suing for ten counts of copyright infringement and, according to court documents, are asking for as much as $30,000 per song in damages.
For the record, I’ve been to 8150 and, besides being in a popular ski-town, it is the same as any other live music club in the country. I’m not sure at this point why 8150 is being singled out but I’ve met the club's owner and he seems like a nice guy. I hope his life and business isn’t ruined because of this. If the great Hunter S. Thompson were still alive I’d be exploring every available avenue to get word of this to him. He would be appalled.
That said, any music fan knows that any serious gigging band cuts their teeth on cover songs and playing them in a live setting is par for the course. I can’t even begin to express my anger over this move. You know what, fuck it, I’m going to try.
First, I don’t condone stealing music. I completely understand that a band's songs are their livelihood and represent countless hours of hard work. I'm also aware that you are supposed to obtain a license to play covers in your live set.
In fact, rules requires you apply for permission from either BMI or ASCAP to perform covers. Now, this makes perfect sense if you are a tribute band like Helles Belles, the well respected, all female AC/DC tribute band, or a similar band making their living off performing music they didn't have a hand in writing. Yet, suing a young band that writes their own songs for covering one, or even two, of your songs is just pointless. Again the common theme here has to be greed and it tarnishes everything the rock and roll ethic ever stood for.
NO.
BMI Ascap Give you the right to perform live a recorded song; but no to imitate the band. You can sing the songs from Joseph and the technicolor, but if you come out in costurme and start acting out the parts, in other words reproducing the show, you have to get the rights from the copyright owner. You do a Led Zepelin Cover band, you need to do more than pay the BMI ASCAP fees.
Follow Ups:
Anyone ever listen to Zep's first two albums full of outright steals but credited to Page & Plant?I'm not saying they aren't great records. They are, especially the first one, but they are chock full of COVER SONGS with changed titles and the original writers not getting credit.
Yes, the boys should be paid for their work but we are talking pennies here!
This has greedy lawyer and record company written all over it....
"The love of money is the root of all evil."
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.
With the relative few to have had others do cover versions of the music, especially when the music is recognizable, I'd think it would be a show of greatness of the songwriting. As long as the covers don't go any further than mere performance.I think suppression of cover versions is suppression of acknowledgment of compositional greatness. For whenever I hear a cover, it burns the impression of musical immorality of the song's originator.
but if you try to look and sound like LZ, you have violated the copyright line that the venue's mere payment of the BMI dues allows.
I don't know any of the details of this incident, but I know the business owner has an oblligation to pay performng rights for live and/or recorded material. These fees are determined on a yearly basis and the business is given ample chance to pay this bill either monthly, quarterly or yearly. If he doesnt pay and persists in breaking the law, he can be prosecuted and sued by individual writers and/or publishers
and I think one of the BMI\ASCAP artists has to be the named plaintiff. Maybe that is what it is all about. What a horrible way to drive a small businessman out of business. My best friends own a bar near this one, and barely eek out a living doing so. When the war started, CO beer bars took a hit.
I think we need if not the full story at least some more detail here, Dui.
As stated this is little short of contemptuous behaviour. Doubly so considering the dubious nature of at least LZ's having "written" many of its songs. As opposed to have copyrighted them.
Its not that I actually like either band involved but if I did I would just stop buying their product.
Sometimes a product boycott seems like a good idea.
Anyway both these are washed up with nowhere to go, aren't they?
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