Attributing The Dead
We received this from a popular Slim Whitman tribute band (ok, it wasn’t Slim Whitman, but the names have been changed to protect the innocent and/or culpable):
I am wondering if I could produce a tribute concert for some singers who are no longer alive. I am not trying to copyright anything. Would I need to get approval from the heirs or estates of the respective deceased singers?
First, let’s clarify. I presume you are producing a concert which will be a tribute “to” some dead singers as opposed to being performed “by” some dead singers as that will, indeed, require the approval of the heirs before you can dig up their dead relatives. On the other hand, if you are planning some sort of Thriller tribute performed by actual zombies, go for it.
The answer to your question depends on how you perceive a “tribute” concert. If your singers will simply be performing a concert featuring all the songs of a deceased artist without pretending to imitate or impersonate the artist or without featuring the images of the artist in the concert (or in the promotion of the concert), then so long as either you (as the producer) or the venue where the concert takes place obtains the necessary performance licenses (ASCAP, BMI, etc.) then you need nothing else. Performance licenses are all you need for a singer to perform the works of another artist, dead or alive, in concert. However, doing anything beyond “stand and sing” could require additional licenses either from the deceased artist’s publisher or the artist’s estate. Depending upon the state in which the deceased artist lived, to use the images of the deceased artist to promote your concert will involve obtaining rights of publicity and endorsement of the artist. Regardless of the state in which the artist lived, you will also need to license the images themselves from the owner of the images (which may or may not be the deceased artist’s estate.) To have your singers imitate or impersonate the deceased artist could also involve obtaining trademark and/or copyright licenses depending upon how “iconic” the artists are which are being “tributed.” (I think I just made that word up.) The key issue to remember is that calling a concert a “tribute” does not alieve you of obtaining whatever rights, permissions, and licenses that may be required.
THE OFFICIAL LEGALESE:
THIS IS NOT LEGAL ADVICE!
The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!