Gail is the succubus of the Zappa trust.

The rumor that the Zappa estate will not let Phish play Zappa tunes is false. It is an old rumor that has been around forever and it simply does not work that way. Any artist can record their own version of any other artist's work any time they want to without any permissions. What must occur is that the artist covering another artist's work must pay the standard rate on all sales of said piece. The two artists may get together and agree to a lesser rate but without such an agreement then the covering artist must pay the standard rate and the original artist cannot stop them, all the original artist can do is accept the money. As for live performances, since each venue pays the appropriate fees to ASCAP, BMI, and whoever else, any artist may cover any song at any venue. When live recordings are sold then the covering artist must pay the standard rate. Things change when talking about original recordings. No one may use another's original recordings without the permission from whoever owns the rights to said recordings. This includes hip-hop type artists who use samples and such in their original music. However an artist can make a new recording of the sample and use that in an original song and if that sample does not violate the lyrics and melody of the original song then no fees need to be paid. This is how Vanilla Ice got away with his blatant rip off of that famous bass line, he made a new recording of someone else's bass line. Bass lines, guitar solos, etc. are not copyright-able. Only the lyrics and melody are copyright-able. Things get most restrictive when it comes to use of music in advertising and other commercial purposes. For advertising, whomever owns the publishing rights for any given song must give explicit permission for use in advertising of his/her song whether be the original recording or a new recording. It is all pretty complex but this is the most basic truth. Phish can play Zappa whenever they want legally. They may choose to honor Zappa's estate wishes to not play some stuff, but they do not have to do that legally. If they want to play more Zappa then they will and it will be available on LivePhish just like everything else. One reason we will never see the Dark Side of the Moon show released is because they used bits off the CD for certain segments and that original recording belongs to Pink Floyd (or someone in the band) and it is unlikely they will get permission to use that recording for sale. They were able to use it in the venue that night because the venue pays fees to ASCAP, BMI, etc.

Sorry for the long post, but I had to get that out there.

^ Excellent post on a subject that isn't exactly white and black

n/r

It will never happen. Gail is a kunt just looking for money.

@DrWilson - Good post.

I believe you are correct about the legality of cover versions. Unfortunately, Gail Zappa has taken a different view, and has continually threatened legal action against cover bands and venues which book them. Her lawyers have even threatened legal action against Paul Green's School of Rock for playing FZ music. Here's an article that gives an overview of the controversy: http://www.npr.org/templates/story/story.php?storyId=102907874

As far as Phish goes, they've got deep pockets and I think they could play whatever FZ they want, whenever.

As a musician, Frank gets a hell of a lot of respect from others. I think Trey, and maybe Fish to some extent, would like to honor his wishes.

isnt it c***?

Personally, I believe that Zappa would applaud Phish, if they were to play his songs.

@Kurtzboy said:

Personally, I believe that Zappa would applaud Phish, if they were to play his songs.

Of course someone here would say that, but in reality, you have no idea.

Don Van Vliet = Captain Beefheart.

@InflatablePossum said:

Apparently, a new Capatain Beefheart lp; Bat Chain Puller, was released for the first time on 1/15/12. The master was owned by the Zappa estate (Gail), and Don didn't want it released. Well, I say since Gail has done this, it's open season on Watermelons in Easter Hay, which supposedly Zappa stated he never wanted to be played after his death. Either way, my point is this, if Gail wants her husbands wishes respected, she should have done the same for Don. P.S. I really just want to hear more f***ing Zappa from Phish.

WHOAH!!!
Back up. Before everyone run with this false premise and this thread get out of hand. None of the above info is true.

THERE IS NOTHING NEW ABOUT BAT CHAIN PULLER!!!

The master copy was NOT owned by Zappa. Don DID wan't it released and so it WAS...in 1978. I've had a copy for years.

All that happened is that since the cd had been out of print for a few years, Barfko-Swill is releasing a reprint.

(all this being said, more Zappa from Phish would be good)

It came out in the late 70s. I've had a copy for a long time now.

Thanks DrWilson, great post.

I have done a little research about the Gail issue. And I do mean a little. As I said before she can't stop anyone from playing or recording Zappa's music. What she can do is stop them from marketing themselves as a Zappa tribute band by using his name, likeness, and any other trademarks he may have owned (yes, the 'stache and goatee are trademarked), etc. etc.. In the strictest since she is legally protecting what belongs to her and her late husband. Its not what I would do, but I am not her.

@DrWilson said:

I have done a little research about the Gail issue. And I do mean a little. As I said before she can't stop anyone from playing or recording Zappa's music. What she can do is stop them from marketing themselves as a Zappa tribute band by using his name, likeness, and any other trademarks he may have owned (yes, the 'stache and goatee are trademarked), etc. etc.. In the strictest since she is legally protecting what belongs to her and her late husband. Its not what I would do, but I am not her.

She also has threatened club owners with legal action for booking acts like Project/Object, (who naturally advertise that they are playing the music of FZ, or have members who played with FZ) and the problem is that some of those venue owners have decided not to book P/O, or to cancel booked gigs. Whether her arguments have legal merit or not, her/the family lawyers' aggressive approach and their threatening letters have had a chilling effect...and they have stepped up this approach 10x since Dweezil got his band together.

Bands like Project/Object operate on a very slim margin, and Gail's actions have made it increasingly difficult for them to operate, even though they clearly have a legal right to do what they are doing. My distaste for the Zappa Family Trust's actions in this area have led me to stop buying official FZ releases, and I personally wouldn't pay to see Dweezil's band. Her assertions that her position results from a desire to have the music played properly are ludicrous. I'd have more faith in Ike Willis and Napoleon Murphy Brock's credentials to play the music than Dweezil or anyone else in his band.

Again, I have no doubt that you are right about the actual legal merits of Gail's position, but in reality the cover bands like P/O don't have the deep pockets and legal team to defend themselves.