What do you play when someone asks to hear you play????

Discussion in 'Trumpet Discussion' started by drac, Mar 29, 2004.

  1. rowuk

    rowuk Moderator Staff Member

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    Intellectual property is in fact an area where ambitious lawyers could make tons of money by exchanging common sense with zealousness. On the other hand, intellectual property is a very important concept in our copy-paste generation.

    I see two moral issues. If a band plays a tune, does the composers name even get mentioned? I would venture to say, many of those who don't pay royalties never thought about that either. I feel that we are OBLIGATED to give credit where it is due and as far as a combo paying royalties/securing permission, that will ALWAYS be best effort. A gig with 50 "approved" tunes and you miss one encore is not the issue.

    We do not need to split hairs. There is no gray area. Doing the right thing is often easier than the excuse makers are willing to accept. Civilization needs some new skills for our new age.
     
  2. gmonady

    gmonady Utimate User

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    You don't play out much do you Ed?
     
  3. gmonady

    gmonady Utimate User

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  4. gmonady

    gmonady Utimate User

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    Finally Ed, here is a basic lesson in economics. Now I am not speaking for myself as our quintet has a song book of over 60 originals, so it will be a waste of time sending the lawyers out to hear my band playing this weekend. But here are some basic facts.

    A band that plays on average 7 songs a set for 3 sets would play 21 songs a night (we'll round it to 20). Now if a band is not as fortunate to have an original song book, then this comes out to $1,500.00 OVERHEAD for the group just to play a full night at a jazz club.

    How many of us on the TM site are getting club owner to pay this $1,500 overhead in addition to the pay cut each member of the ensemble receives?

    Ed, while I am tickled pink you get the impression that club owners pay us jazz musicians such fabulous wages to cover this overhead (as jazz IS an original American art form) I think the economics of your recommendation is not very practical in my real world as a jazz musician.
     
    Last edited: Mar 18, 2011
  5. turtlejimmy

    turtlejimmy Utimate User

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    I feel your pain, AM ..... Been there.

    What's up with all the royalty talk? Doesn't the venue cover all that? Maybe we do things differently out here in the wild west, but I was under the impression that the venue you are playing at (assuming it's a club, or a place that has regular live music) covers these considerations with licenses they have and pay yearly on.:dontknow: Do we need to pack calculators into our cases? As a musician, it sounds like you'd have to hire an accountant to follow the "letter of the law", and who's got time for that, with daily practice, the two other full time jobs to make ends meet, etc. .....???

    Turtle
     
    Last edited: Mar 18, 2011
  6. tobylou8

    tobylou8 Utimate User

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    That's the way it works here, even in church! We pay an annual fee to certain publishers and we can play any tune we want AND we get to copy as many 4th trumpet parts as needed!;-)
     
  7. turtlejimmy

    turtlejimmy Utimate User

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    That's my impression. The rights to play the copyrighted songs are already paid for in these "blanket" yearly fees. Where's a problem? And how are musicians taking advantage, under these conditions???

    Btw, who do you pay to play the tunes in the hymnbook?

    Turtle
     
  8. tobylou8

    tobylou8 Utimate User

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    We don't use a hymnal, but if we did, since most tunes are pre'23 (according to Ed), we would be in the clear.:lol: I am not sure who we pay since I'm just in the band. Most of what we play is very contemporary by church standards. Nothing that I've played so far has been more than 20 yrs old, most is less than 10!
     
  9. turtlejimmy

    turtlejimmy Utimate User

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    Of the three parties involved, the musicians, the club or venue owner, and the audience ..... in my opinion, the audience is in the best position to "pay" these fees, and in fact, usually do end up paying them through the cost of drinks, entrance, etc. As it should be.:dontknow:j

    Turtle
     
  10. Ed Lee

    Ed Lee Utimate User

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    Songs played / sung during the conduct of a church / temple / religious service are also excluded under U.S. Copyright law. For a fact, a descant of Holy, Holy, Holy has been copyrighted by Malotte. Why? To purchase the sheet music or a CD / record of such the composer receives a royalty fee. Such are not excluded. Watch out, his heirs may renew the copyright of it.
     

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