Ascap & Bmi

[gotrich]

ok I understand the use of BMI, ASCAP etc... But you mention that even purchased, downloaded music, is not legal...well according to BMI DJing is illegal cause you can not use a CD bought in a store. So where do we draw the line?

[frarob]

Directly from BMI's website:
Q: Is a tape or CD my personal property to play where and when I like?

A: No. Although, most people buy tapes and CDs thinking they are now their property, there is a distinction in the law between owning a copy of the CD and owning the songs on the CD. There is also a difference between a private performance of copyrighted music and a public performance. Most people recognize that purchasing a CD doesn't give them the right to make copies of it to give or sell to others. The record company and music publishers retain those rights. Similarly, the music on the CDs and tapes still belongs to the songwriter, composer or music publisher of the work. When you buy a tape or CD, the purchase price covers only your private listening use, similar to the "home" use of "home" videos. Once you decide to play these tapes or CDs in your restaurant or nightclub it becomes a public performance. Songwriters, composers, and music publishers have the exclusive right of public performance of their musical works under the U.S. copyright law. Therefore, any public performance, whether live or recorded, requires permission from the copyright owner - or BMI - if it is BMI-affiliated music. With a BMI Music License, you can publicly perform all BMI-affiliated music.

This, in my mind, applies to DJ/KJ, provided it is legally acquired (purchased) content.

[PastMember]

Gotrich:

But you mention that even purchased, downloaded music, is not legal...well according to BMI DJing is illegal cause you can not use a CD bought in a store. So where do we draw the line?

The line gets drawn wherever you're PLAYING the music. Keep in mind that it's not the STORE you bought it from or even HOW you got it or WHAT media it's on. The key is WHERE YOU'RE PLAYING IT (when it comes to performance licensing).

Take your cd boom-box (or computer with speakers) and play it in the park and it's in violation because the park is not "licensed for public performance" and it is still a "public place." Walk across the street to your local (ascap licensed) bar with it still playing and as soon as you hit the property line, viola! It's legal again.... and it still doesn't matter if you're playing a cd, record, cassette, computer or crank-me-up-grandma-gramaphone.

If the cd you purchased in the store has printed on it: "Not for public performance".... guess what.... you CAN play that in a "licensed" club.