Copyright

[ScouserJoe]

Ian,

I am sure there are those here who know better than I, but even if you construct a BT and play all the parts yourself, I believe that a royalty may still be due to the composer of the piece if you propose to use it in a public performance. I should imagine people like Roger Allcock or Dave Robinson would be able to give you a comprehensive answer.

[dave robinson]

The way I understand it is, the MCPS licence that venues have to have, normally covers public performance. The issue of using 'bought in' backing tracks for making your own records is a different one and is not covered in the same way.
Our BTs' and the similar UB Hank, Shadows Workout etc etc are not for the purpose of re-recording ones own album and permission needs to be obtained from the owners of the work i.e. the manafacturers, as well as a licence for resale of the writer's work.

In a nutshell the tracks are covered for playing along to in a venue, but not for recording.
I hope that makes things clear as it is a minefield out there.

[David JM]

Quite simply, here in the UK, it's the venue owners/operators who should hold a licence for public entertainment, not the artist.

This used to be based on a submitted playlist - an onerous task at the best of times, but now it's a yearly amount, dependant on venue, number of hours during which music is played - whether live or not, it doesn't matter. This payment is made to The Performing Rights Society (who have received bad press lately for being heavy-handed with small business owners who provide a bit of background music in shops, hairdressers etc.). They then distribute the income amongst artists and composers. How the payment structure is formatted, I have no idea, but they profess that the sytem works.

If you peform regularly in public along with BT's, or other musicians, don't worry. Even if the premises aren't covered, it's not your problem, although it may be wise to check with them first and remind them of their responsibilities.

If, however, you as an artist record an existing piece of music - whether or not you also perform the BT - and offer the result for sale, then you are responsible for paying royalties to the owners of the copyright on the composition.

If you are the composer, and play the piece, copyright rests with you - but be aware that the cheapest way to register a copyright is to post a copy of the work to yourself by registered post, but don't open it or break the seal. Better still, have it sent to and deposited with a friendly lawyer ("friendly", as in won't charge you - but that would be a first !!).

If there is any copyright infringement later on, "prior art" can be cited - in other words, you got there first.

It can be a bit of a minefield, but it is the venue which must be licenced, not us as musicians. We can play with impunity - but beware - not in the street. That's a whole new ball-game............

David JM