Facebook live streaming - new rules as at 1 Oct - cover gigs?

[uncleswede]

I see that Facebook has issue a clarification re: their new rules (beginning 1 Oct) on live streaming music but, although they refer to copyright issues for streaming other artist's recorded music, I've not seen anything specifically about live streaming cover songs...

During lockdown, I've been FB live streaming a fortnightly 'Jukecast' (as I call it) where my followers vote from a menu of songs and I play an acoustic set of the top dozen favourites. I'd like to be able to carry on but I can't pin down if it will be against the rules or not.

Anyone any idea?

[CS70]

I have asked my PRO here. I don't know how much the same results apply elsewhere, but I suspect they might be similar.

The answer is that, for non-commercial intent, the PRO has a generic agreement with FB for which it is fine to stream covers (not fine, as you mention, to simply stream existing recordings, for that you need a license). However, the platform may have a specific agreement with the copyright owner so that does not guarantee that, if they take objection, the stream (or its audio) is not removed. It really depends on the specific agreement for the specific song and the platform, but most platform will likely not remove only the offending parts but the entire content or the entire audio.

In case of tracks for which Facebook does not have an agreement with the copyright holder, or the publisher, or that does not fall in the umbrella agreement, it's also possible that FB removes the stream or the audio to avoid being sued. It also happens if the rights that FB has do not match the format with which they want to send the video (for example on long streams FB or YT wants to have commercial breaks and the agreement with the owner states that no such breaks are allowed).

If the intent is commercial (say you sell tickets or you present a way to get paid during the stream or in the accessory material), then it's a different ball game and you need to pay the PRO (which in turn will pay the composer/lyricist etc) a percentage of the income (12% here).

If the stream is available not only live, but kept public in a reproducible form, you also need to pay sync licensing for each song exactly like for any other video. There's a special rule for which one can pay a small flat fee (about $50 give or take) and have the stream publicly available for one week (7 calendar days) instead.

These concerts needs to be registered with the applicable PRO for your country, even if you aren't a member (because you are effectively the organizing venue). They usually provide a link to a form that allows you to do so without registering or logging in (you may still need some kind of national digital identification, for obvious reasons).

In your case, if you have regular sessions, followers and all the trappings of commercial intent, you probably need to handle it as a commercial venture. Best is to ask your local PRO.

[uncleswede]

CS70,

Thanks for your comprehensive reply. None of my 'cover songs' live-streams have any commercial intent so I'm OK on that score, but I need to consider your other points too.

Cheers

[resistorman]

A good reason to only stream your original music!

[CS70]

CS70,

Thanks for your comprehensive reply. None of my 'cover songs' live-streams have any commercial intent so I'm OK on that score, but I need to consider your other points too.

Cheers

Yeah keep in mind that what matters is not so much what you think about your intent, but how it is perceived by the copyright owner.

If you pull a large audience, there's all sorts of possible commercial uses (not even initiated by you, for example ads-placing) that could trip you.

Best is to ask your local PRO, in recent months they've had to deal with a lot of this due the COVID situation and a huge increase in streamed gigs.

[ore_terra]

I read it yesterday and I don't have clear that the new rules dont affect also original music, to be honest.

sure this is targeted mainly to DJ's, but does anyone knows (if such thing is possible ) what's the situation with, i.e., a band playing its own songs in facebook live?

[Drew Stephenson]

Useful summary here if anyone's still worried about / interested in this: https://diymusician.cdbaby.com/music-pr ... all_092420

[CS70]

Useful summary here if anyone's still worried about / interested in this: https://diymusician.cdbaby.com/music-pr ... all_092420

Great link Drew, had missed that!

[Mike Stranks]

Good find Drew!

[ore_terra]

thanks!