Cover Distribution
Cover Distribution
Do The Rolling Stones have any legal authority over the distribution of their bootleg records?
Also, if I was in a band and I covered a Rolling Stones song which was never officially released but is available through bootlegging, would I have to pay royalties to The Rolling Stones?
Really interesting question.
Using current law (results might vary slightly if one went back and double-checked exactly what version of copyright law was in effect when the bootleg was made), and using US law (generally the same as UK, and European law):
Without getting into exactly which member of the band would own the rights and/or whether any of the rights would be owned by someone else, (e.g. their label):
1. The Stones owned full copyright in the lyrics when the lyrics were first written. Presumably the lyrics were written well before the performance.
2. The Stones owned full copyright in the music when the music was first recorded in any form, including as notes on paper, demo tapes, etc. In fact, the Stones owned the full copyright when the bootlegger recorded the performance, whether or not they knew it was being recorded.
3. Therefore, the Stones own the full rights in the bootleg.
4. Whether you can make a cover of a song that only exists as a bootleg is debatable. In general, US law allows anyone to make a cover of any song that has been released. If the person making the cover does not have permission to make the cover he/she is required to pay "mechanical royalties" at a rate set by statute.
However, the statute clearly requires that the song be "released" before anyone can legally "cover" it, and this one was not.
Therefore, the Stones could sue under copyright law and seek all sorts of damages as well as an order that you not release the song and that all physical copies be destroyed. One element of damages might be the mechanical royalties they would have been due had they given permission.
So, you would be liable to the Stones for mechanical royalties, but only as part of all the damages they could get against you. Therefore, I don't think paying or offering to pay full statutory mechanicals would safeguard you against being sued.
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