What Do You Want The Circle To Be?

To start with, I will suggest:

This is not a Bluegrass session.

Included instruments should be:
Banjo
Fiddle
Guitar
Autoharp
Dulcimer
Ukulele
Concertina(?)
Harmonica(?)

Other suggestions:
Public Domain tunes only (keeps us out of the sight of the Music Cops)

What do you want/not want to see?

If you disagree with what I have, why? Lets talk it out and get a consensus.

Banjo Brad
www.PricklyPearMusic.net

I don't think we have to worry about public domain tunes. It's not exactly a performance. We're just playing for our own enjoyment/entertainment. I'm no lawyer, but I don't think that violates any copyright laws.

Here's one suggestion I do have. I really like the fact that you are calling it a "music circle" rather than a jam. I'm not exactly sure what you had in mind, but to my mind, that connotes the idea that everyone, no matter what playing level, has the opportunity to contribute. As a beginner, although I don't want the circle to become a "slow jam," I would like to be able to pick a song that I know (there aren't many at this point!), and be able to take a turn to kick it off at my own tempo. Also, since I'm still very new at playing with others, it would probably help me to be able to play one run through the song on my own and then have others join in. I'd like others to feel like they could have a turn at picking whatever song they feel comfortable with (within the genre limits we decide on). I do like the idea of sticking to traditional old-time music, but have also enjoyed some of the less traditional songs that we've done.

Paul

Paul-

While I can understand your reasoning, the problem is that people come and listen. Just the act of performing a copyrighted song in a public place, i.e. the library, might be enough to set loose threats on the library. I have read too many horror stories of small venues being threatened with legal action if payment is not made to want to take that chance. The other problem is that if you have your recorder going during such a song, you could be charged with theft of intellectual property. The copyright thing is just too big a can of worms for me to want to worry about.

Banjo Brad
www.PricklyPearMusic.net

Well, like I said, I'm no lawyer. But here's a quote from Bela Fleck's web site that settles any doubt in my mind (http://www.belafleck.com/faq.html):

Question: Can I record one of your tunes? Can I play one of your tunes during my own show?

Answer: Once a song is recorded, anyone can cover it. If you want to record it for an album that will be commercially released, you just have to pay mechanicals to the publishing company.

If there's any issue about posting the recordings on the web, then we just don't have to post them, but surely anybody can play any mucis for their own enjoyment.

Paul

Hey Brad,

I did some more searching on this subject and found the following site, which explains many of these copyright issues in detail:
http://www.ibma.org/Articles/ViewArticle.aspx?ArticleId=301

In particular, it mentions certain exemptions from any licensing requirement. One, or course is public domain (the date they give is pre-1923, not 1927 or 1928. All the other sites I've seen also say Jan 1, 1923).

But the other exception is what I think we fall under:

"Certain performances without commercial advantage to anyone – This means no payment of any fee or other compensation to performers, promoters or organizers, and no direct or indirect admission charge (except admission can be charged if all proceeds are used for educational, religious or charitable purposes—but even so, this exception doesn’t apply if there is any payment to performers, promotes or organizers). Even if performers aren’t paid, a restaurant, pizza parlor or other commercial venue gets a commercial advantage from live music, so this exemption doesn’t apply in those situations."

Since nobody gets any commercial advantage from our music circle (and we hold it *after hours* at the public library, so the venue certainly doesn't get any commercial advantage), it seems to me that we are perfectly safe playing whatever we want. Now, recording and posting copyrighted songs on the internet may be different matter, and I agree that we should be cautious about that.

Nice pickin' party today!

Paul

OK - I still prefer the-safe-as-safe-can-be approach myself. If we are ever approached, I will defer to you.

This subject is so touchy, and there are so many opinions, I really hate to open a debate on the subject. Until I can afford to hire a copyright/patent attorney to investigate the subject, I prefer to just stick with public domain songs. If others want to include other tunes, we'll do that.

Banjo Brad
www.PricklyPearMusic.net

I don't know why I didn't mention this sooner:
Last summer at the DevoCon in Ohio when I performed a couple oldtime appalachian covers of Devo, Jerry Casale of Devo was there and I asked him about that (as there were a number of unsigned devo cover bands there).

He said it's not a problem as long as we don't expect to get paid.

I do Charlie poole and carter family covers all the time at the coffeehouses. Other guys there do Johnny Cash covers, etc; at the open mic nights.
Samantha