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MMD > Archives > August 2014 > 2014.08.30 > 01Prev  Next


Mechanical Music Played in a Public Venue
By Wallace Venable

Matthew Caulfield said in 140829 MMDigest, "There was some talk a few
years go about ASCAP wanting people who played musical instruments at
organ rallies to pay up, but I never heard of any actual pursuit of
this."

My understanding is that ASCAP licenses venues, not performers.  That
makes sense since generally the venue is both the bigger pocket and
easier to corral.  It also makes sense that, being musicians themselves,
they want their music to be played and are somewhat sympathetic to
performers.

Most amusement parks, cities, towns, schools, churches, etc., are
"required to have a license," which ASCAP will issue at modest prices.
If challenged as a performer, refer your persecutor to the manager of
the park, restaurant or theater.

Selling recordings is a different matter than performing.  In that
case you are actually "publishing."  At COAA Rally bull sessions I have
heard at least two musicians describe run-ins with licensing folks.
Both "gave in," but after a few months of sending in checks for very
small amounts, they were told to stop sending money because it was
costing more to process the checks than they were worth.

Don't be afraid of the "music cops" who are generally not actual
police officers.  Just tell them to send you a bill or a summons to
appear in court, remembering that you are not obligated to state your
name, address, etc., without them taking action first.

Matt also noted, "Seabreeze Park played copyrighted music on its band
organ for decades without paying royalties and only came into ASCAP's
eyesight when it installed a Muzak system to broadcast background music
throughout the park.  Even though the Muzak system is long gone, the
park still pays an annual licensing fee for its use of band organ music
and other incidental music."

That fits with my statement.  And once they have you listed, they do
not forget.  Think twice (or more) before voluntarily applying for a
license.

Of course we are talking about American practice.  I understand that
the rules in Britain are very different.

Wallace Venable


(Message sent Sat 30 Aug 2014, 20:52:47 GMT, from time zone GMT.)

Key Words in Subject:  Mechanical, Music, Played, Public, Venue

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