Tribute bands and the TOS

[Caelan Whimsy]

Some friends asked me to perform with them in a tribute band not long ago, and I have one big question before agreeing. What do tribute bands need to know about the SL Terms of Service when it comes to bringing in L$? I've been told that sometimes the band charges the venue, and sometimes the band just plays for tips. Is any of this against the TOS? What about charging audience members to see the show? I know nothing about all of this and I don't want anybody getting in trouble.

[Yukiko Yeshto]

@Alwin AlcottAgreed, the devil is in the details, as they say. We don't know if, for example, the tribute band is playing live and expects the stream being provided by location owners who invite them to play. This could shift the whole point of view. But whatever the actual circumstances are, that whole topic is complex. Safest way would be to perform your own music creations only (premised it doesn't need to be licensed if being under a label contract).

[bigmoe Whitfield]

play for free, otherwise you can setup legal issues with the real life band that is being tributed.

[Yukiko Yeshto]

1 hour ago, bigmoe Whitfield said:

play for free, otherwise you can setup legal issues with the real life band that is being tributed.

Unfortunately, it isn't that easy.
As for tribute bands, it is usually the venue that has the responsibility to pay performance rights. Though I doubt that any club in SL ever does that.
Of course, you can kinda expect the situation of "no plaintiff, no judge". But if it happens, being unaware won't protect from legal consequences.
Another thing that is often forgotten: The original band has also the right to preserve its brand from being devalued by a tribute band.
Thumb rule for using anything that someone else created: ask for permission.

[bigmoe Whitfield]

1 hour ago, Yukiko Yeshto said:

Unfortunately, it isn't that easy.
As for tribute bands, it is usually the venue that has the responsibility to pay performance rights. Though I doubt that any club in SL ever does that.
Of course, you can kinda expect the situation of "no plaintiff, no judge". But if it happens, being unaware won't protect from legal consequences.
Another thing that is often forgotten: The original band has also the right to preserve its brand from being devalued by a tribute band.
Thumb rule for using anything that someone else created: ask for permission.

I was going to hold a tribute to freddie mercury on the anniversary of his death last year,  contacted Queen directly,  brian may replied back and told me, I could not do such.    so I'm aware

[Lindal Kidd]

I am all too well aware of intellectual property law when it comes to writing, music, and the visual arts. Being, on a small scale, a creator of such works, I usually side with the creators in these arguments.

But in this case, although I know that my advice is totally in the wrong, legally speaking, I'd say that "it's better to ask forgiveness than permission". For example, I've seen a performance of a Trans-Siberian Orchestra tribute band in SL that was very similar to a real TSO performance, and I doubt very much that they got permission, or got in trouble over it.

Legally, it's wrong. Yep, no argument. From a practical perspective, you are almost certainly safe to proceed.

But don't come crying to me if it doesn't work out.

 

[Yukiko Yeshto]

2 hours ago, bigmoe Whitfield said:

[...]  so I'm aware

Wait... so you are aware about all that and still gave a wrong advice to OP? Bruh...

[Alwin Alcott]

44 minutes ago, Yukiko Yeshto said:

Wait... so you are aware about all that and still gave a wrong advice to OP? Bruh...

well... there are no complete right answers yet( as mine isn't either).

No you'r not allowed to do so, as SL musical performer you need broadcast rights. There are no venue's in SL, because the system what DJ's and others use is streaming. Their location of performance is at home, not in a venue.
( in some countries you need also permission for using the music in public (as streamingn is.
It's also often officially not allowed to use the music from a source that isn't meant to be used in public, cd's and files bought for private use at home are subject to this. It's needed to buy music from sources sources meant for commercial use.)

Check your local rules and laws, there are nearly no general rules. Better safe than sorry.

[Chassie Rowley]

Have you considered contacting the music publishers?

For sake of argument, contact BMI or ASCAP and ask what fee would be required for an audience of 50 people performed at an internet based venue. I believe they offer a sliding scale on source and crowd size. If it's a fee that you can manage, pay it and be legal and it could be a one-off thing.

They MIGHT ask for a playlist of what songs you wish to perform. Provide it if asked.

I have to be clear; I am speculating. NEVER HURTS TO ASK.

[bigmoe Whitfield]

I found something.

 

https://lawyerdrummer.com/2020/01/are-tribute-acts-actually-legal/

It's a grey area.

[Alwin Alcott]

6 hours ago, bigmoe Whitfield said:

I found something.

https://lawyerdrummer.com/2020/01/are-tribute-acts-actually-legal/

It's a grey area.

one of the things that's mostly different to the RL performing acts .... in SL you have to broadast on the internet. In Europe that's a fact that has to be licensed seperatly.
It's not only a reproducing act, but also spreading the music in public ( no matter if one or hundred people listen..it's not longer a "at home" setting). 

Edited April 29, 2022 by Alwin Alcott