The Mudcat Café TM
Thread #87086 Message #1628100
Posted By: George Papavgeris
15-Dec-05 - 02:38 PM
Thread Name: The right to sing?
Subject: RE: The right to sing?
MMario,
is there a difference in the US? In the UK, nobody limits what I want to sing in public, with the only possible exceptions being due to the relevant laws on libel, inciting hatred etc. But copyright does not play a part in this. And this is true whether I sing my oen stuff or someone elses's, copyrighted or public domain.
The onus is on the venue to be licenced by PRS (ASCAP or MBI equivalent); but once licenced (or exempted from such licence), the choice of material is open. The venue may be paying a flat fee for its licence, or it may pay "by the song" (some festivals do that), in which case the performer has to fill in the PRS form afterwards noting the songs he/she has performed, so that copyright owners can get their due and the venue charged appropriately.
But once a song has been published, one cannot prevent its being performed live (always assuming the venue is licenced). Indeed, if I wanted to block singer X (or every other singer) from performing one of my songs, I couldn't. He/she has the right to sing it, and I just get my few pence for it.
Neither can I block anyone from recording one of my songs (the relevant organisation here is MCPS, sister to PRS but for mechanical rights). Whoever wants to record it, can fill in the licence application for MCPS, declare my song, pay the appropriate royalties (some 15 pence per copy or thereabouts) and go ahead. Only one exception to this: I can withhold first recording rights (i.e. not letting anyone record the song before I do).
The point is moot anyway - I'm chuffed if anyone wants to sing or record one of my songs anyway. When Vin Garbutt politely asked, my response was "what do I have to pay you?".