Semi-OT:Playing copyrighted music commercially!

Discussion:

(too old to reply)

anonymous

2010-11-30 16:02:02 UTC

Anyone have a reference URL/explanation on the rules,
requirements, and compliance issues related to playing
recorded/copyrighted music, commercially?

Trying to iron out this explanation seems to be a moving
target, and not clearly explained anywhere I've been.

Thank you.

-MIKE-

2010-11-30 17:32:11 UTC

Permalink

Post by anonymous
Anyone have a reference URL/explanation on the rules,
requirements, and compliance issues related to playing
recorded/copyrighted music, commercially?
Trying to iron out this explanation seems to be a moving
target, and not clearly explained anywhere I've been.
Thank you.

for starters....
http://entertainment.howstuffworks.com/music-licensing3.htm

peruse the BMI and ASCAP website for more.

--
-MIKE-

"Playing is not something I do at night, it's my function in life"
--Elvin Jones (1927-2004)
--
http://mikedrums.com
***@mikedrumsDOT.com
---remove "DOT" ^^^^ to reply

Sean Conolly

2010-12-01 04:11:15 UTC

Permalink

If you're playing in bars, then the bar pays an anual fee to ASCAP and BMI
based on the capacity of the bar, the number of nights with bands, etc. It's
generally not the band's responsibility to cover this.

If you want to distribute a recording of someone else's song (such as a
demo) you can license it through the Harry Fox agency:
http://www.harryfox.com/songfile/faq.jsp

Sean

anonymous

2010-12-01 05:09:44 UTC

Permalink

Post by Sean Conolly

If you're playing in bars, then the bar pays an anual fee to ASCAP and BMI
based on the capacity of the bar, the number of nights with bands, etc. It's
generally not the band's responsibility to cover this.
If you want to distribute a recording of someone else's song (such as a
demo) you can license it through the Harry Fox agency:http://www.harryfox.com/songfile/faq.jsp
Sean

Thanks MIKE. I'll review the references you supplied.

And Thanks also Sean, for the information.

I'm aware of the Bar royalties procedure. But,I've never
ever seen/heard of a Bar making an explicit payment
to any music licensing organization. Perhaps it's diff-
erent in various parts of the country, but the way it is
handled here is the bar leases a jukebox. Then the copy-
right licensing is included in the jukebox lease.

I'm looking at BMI's information right now, and it's just
not very explanatory. Specifically, reading BMI's defi-
nition on "performance right", a band in a bar cannot
play "Midnight Hour" without owner authorization. Or,
licensing organization membership by the bar, and
payng fees based on the business type and size.

But, at least here, I can guarantee that the single
cover of "Midnight Hour" is non-compensated, spec-
ifically.

I'm sorry to stir this up, it's probably been discussed
here before, and I didn't look. But, in summary, does
anyone else(that has to concern themselves with
such details) find that this compliance is immensely
complicated?

Thanks again, for the information. I've decided that
rather than trying to understand the rules, I'll just
find out what's required to completely satisfy a sp-
ecific requirement.

Thanks....

Sean Conolly

2010-12-01 14:51:58 UTC

Permalink

Post by anonymous
I'm aware of the Bar royalties procedure. But,I've never
ever seen/heard of a Bar making an explicit payment
to any music licensing organization. Perhaps it's diff-
erent in various parts of the country, but the way it is
handled here is the bar leases a jukebox. Then the copy-
right licensing is included in the jukebox lease.

I had a discussion on this with the owner of one of our regular clubs, she
said that they have a whole schedule of things that are lcensed seperately;
bands, DJ,s the the jukebox, playing CD's, and even playing the radio all
have an associated fee. Her cost is well over 4 grand a year for a small
club.

I know of another local club which was not paying fees for the bands and got
hit with a suit, now they're not providing any live entertainment until the
suit is resolved, which has cost us some gigs.

Post by anonymous
I'm looking at BMI's information right now, and it's just
not very explanatory. Specifically, reading BMI's defi-
nition on "performance right", a band in a bar cannot
play "Midnight Hour" without owner authorization. Or,
licensing organization membership by the bar, and
payng fees based on the business type and size.
But, at least here, I can guarantee that the single
cover of "Midnight Hour" is non-compensated, spec-
ifically.

Guarantees are hard to come by, especially when the industry is moving
towards a policy of litigate first, ask questions later. If the song isn't
in the public domain then performing or even playing a recording in public
may require licensing.

However, lawsuits tend to go for the person with money or tangible assets,
which is why they target the club and not the band. Never say never, but I
haven't yet seen the burden put on the players in 30+ years in the business.

Sean

Joe

2010-12-10 21:57:21 UTC

Permalink

I 'm pretty sure that 4 grand includes insurance.

Post by Sean Conolly

I had a discussion on this with the owner of one of our regular clubs, she
said that they have a whole schedule of things that are lcensed
seperately; bands, DJ,s the the jukebox, playing CD's, and even playing
the radio all have an associated fee. Her cost is well over 4 grand a year
for a small club.
I know of another local club which was not paying fees for the bands and
got hit with a suit, now they're not providing any live entertainment
until the suit is resolved, which has cost us some gigs.

Guarantees are hard to come by, especially when the industry is moving
towards a policy of litigate first, ask questions later. If the song isn't
in the public domain then performing or even playing a recording in public
may require licensing.
However, lawsuits tend to go for the person with money or tangible assets,
which is why they target the club and not the band. Never say never, but I
haven't yet seen the burden put on the players in 30+ years in the business.
Sean

Sean Conolly

2010-12-11 17:39:24 UTC

Permalink

Post by Joe
I 'm pretty sure that 4 grand includes insurance.

Insurance against what - the RIAA?

It's more like a shakedown to me.

Post by Joe

Post by Sean Conolly

I had a discussion on this with the owner of one of our regular clubs,
she said that they have a whole schedule of things that are lcensed
seperately; bands, DJ,s the the jukebox, playing CD's, and even playing
the radio all have an associated fee. Her cost is well over 4 grand a
year for a small club.
I know of another local club which was not paying fees for the bands and
got hit with a suit, now they're not providing any live entertainment
until the suit is resolved, which has cost us some gigs.

Guarantees are hard to come by, especially when the industry is moving
towards a policy of litigate first, ask questions later. If the song
isn't in the public domain then performing or even playing a recording in
public may require licensing.
However, lawsuits tend to go for the person with money or tangible
assets, which is why they target the club and not the band. Never say
never, but I haven't yet seen the burden put on the players in 30+ years
in the business.
Sean

Joe

2011-02-21 17:02:19 UTC

Permalink

Ascap covers bar fights, injury and other stuff.

Post by Sean Conolly

Post by Joe
I 'm pretty sure that 4 grand includes insurance.

Insurance against what - the RIAA?
It's more like a shakedown to me.

Post by Joe

Post by Sean Conolly

I had a discussion on this with the owner of one of our regular clubs,
she said that they have a whole schedule of things that are lcensed
seperately; bands, DJ,s the the jukebox, playing CD's, and even playing
the radio all have an associated fee. Her cost is well over 4 grand a
year for a small club.
I know of another local club which was not paying fees for the bands and
got hit with a suit, now they're not providing any live entertainment
until the suit is resolved, which has cost us some gigs.

Guarantees are hard to come by, especially when the industry is moving
towards a policy of litigate first, ask questions later. If the song
isn't in the public domain then performing or even playing a recording
in public may require licensing.
However, lawsuits tend to go for the person with money or tangible
assets, which is why they target the club and not the band. Never say
never, but I haven't yet seen the burden put on the players in 30+ years
in the business.
Sean

DougD

2010-12-01 20:00:25 UTC

Permalink

I work mixing FOH at a large outdoor venue during the summer, 56+ acts over 60
days (and very few days off).. The venue pays a rate to one of the royalty
groups (we're in Canada), and there is a sign posted in our green room statng
someting to the fact that we're covered. As for walk in and break music that
we play over the system, my instructions when I first inquired on the topic
was that we were only to play music of the acts that were booked over the
summer, not hard to do as they all have multiple CD's, etc. I would
occasionally sneak in some favorites, I don't think anyone was monitoring,
but we did do audience counts every night and they went into some type of
reports. Those may have been more for the benefit of the marketing folks
though..

d.