# What makes a cover band performance legal for a private venue?
**URL:** https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009
**Category:** In My Humble Opinion
**Created:** [April 18, 2022, 9:48pm UTC](https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009 "2022-04-18T21:48:53Z")
**Posts on this page:** 5
**Page:** 1
### Author:  [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)
#### Post date: [April 18, 2022, 9:48pm UTC](https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009/1 "2022-04-18T21:48:53Z")
If a band performs at a music venue, typically the venue pays a fee to ASCAP and/or BMI to cover the performance of licensed music. Therefore the band doesn’t have to worry about it.
What if a band is hired for a private party at a private venue, like someone’s home, or a venue that doesn’t normally have live music (like a winery), and so would not subscribe to ASCAP/BMI. Does the band have liability for this in that situation?
I play in a jazz trio and we play 100% covers of copyrighted jazz standards. In this scenario, even though the person who hired us is not making money as a result of our performance, _we_ are making money by performing other peoples’ compositions.
I am wondering if we have any problems, even theoretically, with paid performances at private venues. (From a practical standpoint, I’m sure that nothing ever happens; I’m wondering about what you would if you went by the book.)
I have posted in IMHO because this is a request for a generic legal opinion, and not for a specific situation that I need legal advice for. It probably has a factual answer, and is about the arts, but I think legal advice goes best here.
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### Author:  [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)
#### Post date: [April 18, 2022, 11:36pm UTC](https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009/2 "2022-04-18T23:36:57Z")
Here’s an overview of the licensing rules for ASCAP and BMI.
> **[ASCAP and BMI Licensing and Rules For Music at Private Events: How to...](https://inn-entertainment.com/2017/08/02/ascap-and-bmi-licensing-and-rules-for-music-at-private-events-how-to-determine-if-you-need-a-license/)**
>
> Who doesn’t love listening to music at a party? Whether your entertainment provided is by a DJ, a band or even if you’re simply playing music from your iPod, it’s important to understand copyright laws and performance rights. At Innovative...
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### Author:  [@nearwildheaven](https://boards.straightdope.com/u/nearwildheaven)
#### Post date: [April 18, 2022, 11:43pm UTC](https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009/3 "2022-04-18T23:43:33Z")
That’s interesting.
I remember finding out that my old church, a small Episcopal congregation, paid some agency $300 a year for the public use of copyrighted material, and I guess the agency handled paying royalties.
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### Author:  [@CookingWithGas](https://boards.straightdope.com/u/CookingWithGas)
#### Post date: [April 19, 2022, 12:20am UTC](https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009/4 "2022-04-19T00:20:59Z")
That’s a pretty good summary. Anytime we are at a private event, I could make the case that it’s close friends and family; the hosts are not hosting a rave.
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### Author:  [@Sunspace](https://boards.straightdope.com/u/Sunspace)
#### Post date: [April 19, 2022, 3:10am UTC](https://boards.straightdope.com/t/what-makes-a-cover-band-performance-legal-for-a-private-venue/963009/5 "2022-04-19T03:10:09Z")
The gym I went to in Toronto paid fees to SOCAN (the Canadian equivalent of ASCAP/BMI) specifically to cover playing the music on CDs and the radio, not even live performances.