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Old 2014-01-29, 06:56 AM
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AAR.oner AAR.oner is offline
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Join Date: Feb 2005
Location: Appalachia
Re: Prince vs Bootleggers

so much misinformation in trading circles, so just to clarify -- copyright law clearly states:

--money doesn't have to change hands [traders' arguments that "there is no profit" doesn't matter one bit]
--physical vs digital doesn't matter anymore either, its covered the same
--a live performance of a song is still covered under the original copyright [with some limitations, but they don't pertain to this discussion]


technically speaking, a bar or night club that plays music over a sound system has to pay an annual fee for a performance rights license...also, bands that do "cover songs" which are copyrighted, the establishment is required to have a license as well...in cities such as Nashville, you'll see stickers on many clubs/restaurant doors with an ASCAP or BMI logo signifying that they have paid their PRL fees...smaller towns, you rarely see it

audience recording trading exists in a "grey area", not because of loopholes in the law but, like many of the above mentioned bars/nightclubs who don't pay for their PRL, because of the scope -- "policing" infractions is impossible to do, its not worth the time/effort/cost due to the high volume...ASCAP/SESAC/BMI can & do go after businesses for not paying for a performance rights license, but those lawsuits are a drop in the bucket



same for taping/trading -- most artists don't pursue infringement cases on live shows simply because of cost/effort...BUT, if an artist like Prince really wants to, copyright law is actually behind him on it
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