19 Aug Legal Considerations for Cover Bands and Tribute Band

Tribute bands and cover bands are a popular way for fans to enjoy the music of their favorite artists, but there are some legal considerations to keep in mind. Here are the six key points to watch out for:

1. Copyright Issues:
   • Music: Tribute bands typically perform songs from the original artist. While performing cover songs in a live setting usually falls under “fair use,” if the performance is recorded or broadcast, you may need to obtain a license from organizations like ASCAP, BMI, or SESAC, which manage music rights and royalties.
   • Song Titles and Lyrics: Using original song titles and lyrics in promotional materials is generally allowed, but avoid using copyrighted images or logos from the original band without permission.
2. Trademark Concerns:
   • Band Names and Logos: Many original bands have trademarks on their names, logos, and other branding elements. Using these without permission can lead to legal trouble. It’s crucial to avoid using the original band’s name in a way that could cause confusion or imply an official association.
   • Merchandise: Selling merchandise with the original band’s name, logo, or other trademarked elements requires permission from the trademark holder.
3. Public Performance Licenses:
   • If you’re hosting a tribute band performance at a venue, the venue usually needs to have a public performance license to cover the music played. Ensure this is in place to avoid any legal issues.
4. Contractual Agreements:
   • If you’re hiring a tribute or cover band or working with one, ensure all agreements are clearly defined in a contract. This includes performance fees, use of promotional materials, and other relevant terms.
5. Image and Persona:
   • Some tribute bands go beyond just performing music and adopt the original band’s style, including costumes and stage personas. While impersonating an artist can be a gray area legally, avoid any behavior that could be seen as misleading or deceptive, especially if it could confuse the public into thinking there is an official connection.
6. Respect for the Original Artist:
   • Although not a legal issue per se, maintaining a respectful approach towards the original artists and their legacy is important. This includes not misrepresenting their work or making unauthorized claims about an official association.

Navigating these legalities carefully can help tribute and cover bands perform successfully while respecting intellectual property rights and avoiding potential disputes.