Comments on: Restaurants sued for playing music without ASCAP/BMI licenses http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/ Theatre, Film, Television, Music & New Media Wed, 10 Mar 2010 17:24:28 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-706 Gordon Firemark Tue, 23 Feb 2010 18:10:47 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-706 Well, I stand corrected about the XM license (assuming that the original commenter is in fact using a business license from XM.... ) Nevertheless, when you have bands perform live in a venue, it IS necessary to have the ASCAP and BMI licenses in place UNLESS the bands are playing all original, UNpublished songs. Well, I stand corrected about the XM license (assuming that the original commenter is in fact using a business license from XM…. ) Nevertheless, when you have bands perform live in a venue, it IS necessary to have the ASCAP and BMI licenses in place UNLESS the bands are playing all original, UNpublished songs.

]]> By: Ted Sheckler http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-704 Ted Sheckler Tue, 23 Feb 2010 12:27:59 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-704 You are mistaken. http://www.xm4biz.com/ You are mistaken.

http://www.xm4biz.com/

]]> By: Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-688 Gordon Firemark Thu, 04 Feb 2010 21:38:32 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-688 Unless I'm mistaken, your XM license is for private use, and doesn't cover the public performance rights that are the purview of ASCAP and BMI. You don't have to believe that these organizations are non-profit, any more than you have to believe that the earth is round, but it is, nevertheless, the truth. The fact is, when you play music in your business, you are using that music to create part of the ambience, the atmosphere that makes it attractive to your customers. It's appropriate that the people who created that music should receive compensation from you for their help in making your restaurant a success. The argument that these musicians are already rich is irrelevant... they created something that you obviously perceive as valuable... so they should receive compensation if you use their creations to advance your own business interests. If you don't like it, you are certainly free to run your restaurant as a "music free" establishment. Suppose a customer came in to your restaurant, ordered a big meal, ate it, and then walked out without paying... "because the owners already have enough money". Isn't that what you're doing when you use music without obtaining the proper licenses? Unless I’m mistaken, your XM license is for private use, and doesn’t cover the public performance rights that are the purview of ASCAP and BMI. You don’t have to believe that these organizations are non-profit, any more than you have to believe that the earth is round, but it is, nevertheless, the truth.

The fact is, when you play music in your business, you are using that music to create part of the ambience, the atmosphere that makes it attractive to your customers. It’s appropriate that the people who created that music should receive compensation from you for their help in making your restaurant a success.

The argument that these musicians are already rich is irrelevant… they created something that you obviously perceive as valuable… so they should receive compensation if you use their creations to advance your own business interests. If you don’t like it, you are certainly free to run your restaurant as a “music free” establishment.

Suppose a customer came in to your restaurant, ordered a big meal, ate it, and then walked out without paying… “because the owners already have enough money”. Isn’t that what you’re doing when you use music without obtaining the proper licenses?

]]> By: Tish http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-687 Tish Thu, 04 Feb 2010 19:58:36 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-687 We own a small business and we receive SESAC & ASCAP phone calls all the time because we play music. We already pay a fee to xm radio and we pay the bands to play music at our restaurant. I hardly think that the musicians that have made millions already on their product are struggling, I do know that we as a small business are struggling to keep up with everyone trying to nickle & dime us for every little thing! You can't tell me that these organizations are a non for profit when they start negotiating percentages on licensing fees. We own a small business and we receive SESAC & ASCAP phone calls all the time because we play music. We already pay a fee to xm radio and we pay the bands to play music at our restaurant. I hardly think that the musicians that have made millions already on their product are struggling, I do know that we as a small business are struggling to keep up with everyone trying to nickle & dime us for every little thing! You can’t tell me that these organizations are a non for profit when they start negotiating percentages on licensing fees.

]]> By: Patricia King http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-561 Patricia King Fri, 15 Jan 2010 15:16:36 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-561 Thanks so much for your prompt reply. Thanks so much for your prompt reply.

]]> By: Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-556 Gordon Firemark Thu, 14 Jan 2010 21:01:08 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-556 It's likely that you DO need to have licenses from both societies. Best advice is to consult with a knowledgeable lawyer to investigate, since there are some exceptions that may cover your situation. The good news is that these licenses are (as I understand it) relatively inexpensive... It’s likely that you DO need to have licenses from both societies. Best advice is to consult with a knowledgeable lawyer to investigate, since there are some exceptions that may cover your situation.

The good news is that these licenses are (as I understand it) relatively inexpensive…

]]> By: Patricia King http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-555 Patricia King Thu, 14 Jan 2010 20:48:08 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-555 We live in a small mobile home park (300 units) which is governed by a Home Owner's Association. We have potlucks twice a month with live entertainment. The entertainers are paid through a free-will offering. We do not allow anyone from outside our park to attend; these are private functions. We also have a 20 member chorus which performs twice a year. Our park currently has a license with BMI. Now ASCAP is wanting us to license with them. Are we required to have either or both licenses? We live in a small mobile home park (300 units) which is governed by a Home Owner’s Association. We have potlucks twice a month with live entertainment. The entertainers are paid through a free-will offering. We do not allow anyone from outside our park to attend; these are private functions. We also have a 20 member chorus which performs twice a year. Our park currently has a license with BMI. Now ASCAP is wanting us to license with them. Are we required to have either or both licenses?

]]> By: Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-273 Gordon Firemark Tue, 20 Oct 2009 21:11:25 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-273 In most cases, the venue's license(s) should cover the situation. In most cases, the venue’s license(s) should cover the situation.

]]> By: John http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-244 John Fri, 16 Oct 2009 17:49:02 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-244 I'm with a small roller derby team that contracts with a local roller derby rink for putting on games. The team pays the rink for the event, and the contract states that the rink is responsible for supplying a DJ and music. The rink has licenses with ASCAP and BMI. Does the roller derby team need one to? Thanks! I’m with a small roller derby team that contracts with a local roller derby rink for putting on games. The team pays the rink for the event, and the contract states that the rink is responsible for supplying a DJ and music.

The rink has licenses with ASCAP and BMI. Does the roller derby team need one to?

Thanks!

]]> By: Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-157 Gordon Firemark Thu, 01 Oct 2009 21:07:49 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-157 Ken, Your interpretation misses the mark. The songwriter is entitled to be paid each time a work is "performed" publicly. That's what BMI and ASCAP collect. For what it's worth, most songwriters make VERY little money from record sales, unless they're also the recording artist. The performance royalties make up the difference (somewhat). This isn't about big businesses. Most songwriters are struggling artists trying to eke out a living by doing what they love. Shouldn't they be paid something when a restaurant uses their work to create an 'ambience' that's conducive to the sale of food and drink? Ken,

Your interpretation misses the mark. The songwriter is entitled to be paid each time a work is “performed” publicly. That’s what BMI and ASCAP collect. For what it’s worth, most songwriters make VERY little money from record sales, unless they’re also the recording artist. The performance royalties make up the difference (somewhat).

This isn’t about big businesses. Most songwriters are struggling artists trying to eke out a living by doing what they love. Shouldn’t they be paid something when a restaurant uses their work to create an ‘ambience’ that’s conducive to the sale of food and drink?

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