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OompaLoompa
January 13th, 2004, 08:39 PM
I am trying to make sure I understand the legalities involved in performing music. I know you have to pay royalties if you want to record someone's copyrighted song and sell it, but what about performing in a public place? If I want to sing music written by someone else and I get paid for the performance, is that okay? What if I don't get paid?

Is there any difference legally between using a karaoke track or an eliminated track or having someone accompany me on piano?

I see people performing standards and other people's music all the time. Do they have to pay royalties for each song?

quaizywabbit
January 14th, 2004, 05:50 AM
legally, what you 've described DOES require liscencing or royalties to be paid to someone. However, Seldom does this occur in a small to virtually"nil" venue where the fees that could possibly be generated don't equal that of the cost of a postage stamp.

They're after big fishMOST of the time. Usually you're worries come from your local competition stooping to snitch on you for doing the same things they themselves do.

Those who play by the rules, buy each and every cdg, get permissions from copyright owners, pay the royalty fees, sooner or later(usually later) end up sticking around because they didn't have to pay enormous fines from having "burns" in thier systems,
those who do get caught usually are quite arrogant in how proliferated thier collection is with "burns", some have entire collections that didn't cost them a "dime". If and when they're caught, they're out of business, period. Karaoke just doesn't pay enough to risk all of this.

To be safe, contact BMI or ASCAP, and/or each karaoke mfr. to find out about liscencing and royalty fees.
It's worth taking the extra step to know you're covered.

OompaLoompa
January 14th, 2004, 12:53 PM
Thanks for the reply. I definitely was assuming I would need to legally own all CDGs I might use, but I am confused about the legality of even performing a copyrighted song, even if I were to accompany myself on piano rather than using a CDG or eliminated track. I am not clear whether royalties are only paid for recording and selling a copyrighted song, or if it includes performances as well, and who is responsible for paying the royalties. I have read that clubs which even play a song as background music are responsible for paying royalties for it. So if I were to sing a set at a club of standards and songs I didn't write, I wonder if I am responsible for getting a license with BMI and ASCAP, or if the club owner bears the liability.

George
January 14th, 2004, 02:09 PM
You might find your answer at this site. Read the section"How The System Works" It covers performances.

http://www.woodpecker.com/writing/essays/royalty-politics.html


George

John Baumgartne
March 7th, 2004, 07:29 PM
What you are describing are called Performance Royalties. If I'm not badly mistaken these are the responsibility of the Venue Owners. I could be wrong however I believe the rate is about .007 Per song. You can also check with ASCAP and BMI for the exact rates. These Performance Royalties (If Paid for as a Karaoke Show) would be due each time the songs are performed and typically would require you providing a playlist from each show. I was checking on these fees as a Songwriter a while back. Again check with ASCAP and BMI for exact details because rates do change ocasionally.

I also feel that they are actually after the bigger fish. As a Songwriter / Singer I would be flattered if someone was singing my songs in a Bar on Karaoke or Live, however I would be upset if my name didn't appear on the credits for my song as on some Karaoke CD's.

Just my thoughts on it!