Ascap & Bmi

[gotrich]

I have spent MUCH MUCH time on this. I contacted the big 3. Ascap, BMI, and the RIAA. I was told that the venue must pay a license fee. I fthey do not pay the fee then they will be in trouble. BMI told me that they go after the venue ..ALTHOUGH they can go after the performer of DJ they don't. What they will do is report the insident to RIAA who can come and check your music. So if someone come up wanting money get their credentials and and number and then call Ascap or BMI. Numbers can be obtained from website or through email.

2nd thing...

I was worried about music I download for example from music match jukebox. In the terms it says not for public performance or profit. Here is the catch. BMI & Ascap Only care about the license for the establishment because for example if Elvis is a member of Ascap and Sinatra is with BMI and a bar hires an impersonator of each guy the bar MUST HAVE A LICENSE from BOTH COMPANIES. In our case we play many different artist so a establishment must have a licence. RIAA says that if WE LEGALLY obtain music ie purchase it. They don't mind. (I was told technically a DJ is not allowed to use CD's..because on a CD it says all rights reserved or something to that nature) This is only a safety net so that if your at a show and BMI walks in and the establishment has no license you or the establish ment can not sue the place music was obtained as part of a group suit.

So purchase music in confidence! And if someone trys to collect from you contact someone. I asked BMI and Ascap and I asked them if I could purchase a license to cover myself incase a bar fails to have a license. I was told they offer NO SUCH thing. They will go after the establishment.

Rich Warne

[Digital Party]

All I have to say is WOW

[PastMember]

There seems to be some confusion on exactly what the role of the "performance societies" (ascap, bmi, seasac) actually is and how far they can go.

They can NOT ask to see your discs, equipment or anything else. That is NOT their function. (Well, they can "ask" all they like.... you are under NO obligation to show them anything.)

BECAUSE:

They license the "establishment"... NOT a "person". You cannot get an "ascap license"... only your business (with a stationary address) can... and it better be where the music is performed. And NO.... you cannot license your DJ or KJ business.... it doesn't work that way.

Their licenses are for different types of entertainment and there are different licenses for each one:

1. if your club has a live band: that's one license
2. if your club has a disc jockey OR karaoke (or both): that's ANOTHER license
3. if your club has a Jukebox: that's another license (handled by the J.L.O. or Jukebox Licensing Office - an office sponsored by ascap, bmi and seasac to share expenses and economize on effort)

There are a number of other licenses as well depending on whether your club has large screen TV's (with audio), the number of them, etc...

All licensing fees are based on the actual number of SEATS IN THE CLUB. Smal clubs will pay the minimum fees (around $360.00/year for karaoke from ascap) and larger establishments will pay more....

And YES, it is possible for ASCAP to demand a license from your club.... and THEN BMI walking in behind them and demanding another license with SEASAC following a close third and demanding their license fees as well.

If any of the performance societies really want to push it... they CAN and will win if they want to persue any club in court. The double-edged sword here is that it would cost much more than a license fee to persue it.

[gotrich]

So Who can come in and request to see our library or cds etc? Who is gonna ask us for proof, and who should get it?

[Bruce Jr.]

Rich, They will not bother You, But some of the Clubs I have played at have been, Because as stated by someone else, The Clubs are supposed to have a dif liscence for every type of entertainment they have, Bruce Jr.

[PastMember]

Gotrich said:
So Who can come in and request to see our library or cds etc? Who is gonna ask us for proof, and who should get it?

Law enforcement agencies with some type of warrant or other court-ordered documentation working on behalf of the copyright holder -- and at great legal expense to do so.

Otherwise, if they're not a cop AND they don't have a warrant... they can take a hike.

[Bruce Jr.]

exactly C. Staly