Hello!  In 020716 MMDigest Rob Goodale asked:

> I am curious to know if there are or have been any challenges by
> ASCAP or BMI for the public performance of music machines in
> public places such as band organs or calliopes.

Being from Germany, I cannot tell what happens in the U.S., but in
Germany the situation is about as follows:

* I have never heard that band organs and crank organs rallies have
been monitored by the GEMA (the German equivalent of ASCAP/BMI).
However, we all suspect that is due to the fact that GEMA still
believes that only "old music" (= rights-free music) is played there.
If they find out that new arrangements are being played (like mine ;-) ),
they might peek into the matter...

* Legally, the issue is clear: one is required to pay a fee for these
public performances.  There are myriads of variants for the fees,
depending on whether you play for a fixed number of people or not, in
the open or not, on a train or not, in a boxing ring(!!) or not,
etc., etc.  Some are fees reasonably low, even if you play a full program
every week.  (I think one fee was around 80 euros per year).

By the way, I do not share the opinion stated by Mr. Goodale:

> It seems ridiculous that such a thing [paying fees for public
> performance of mechanical music] could happen...

Well, after all, the copyright of the composers and arrangers and
their publishers is a right of ownership which should produce income.
I wouldn't count the pennies; playing a piece a few times here and
there over the years should be okay.  But someone who plays routinely
should, in my opinion, pay the share -- after all, those composers
and arrangers and their publishers created the musical hits that we
thrive on.

Regards

Harald Mueller