BMI, ASCAP, and RIAA LEGAL DOWNLOADS

[gotrich]

I have done a ton of research and calling and talking to all of the big companies. Let me share what i have learned. If your a LEGAL EAGLE like me you'll be glad!

I contacted a lady at BMI named Pam Gibson reguarding downloading music for shows. I wanted to know why Walmart, Rhapsody, or itunes etc., have in their website "not for public performance or profit" In their user agreement. She said she wasn't sure but probably for the same reasona cd have printed "All rights reserved" and some even say "not for public performance" I asked he how does a DJ play music if he can't even use a purchased CD. She said that we can but I may need to call the RIAA (redord industry) and ask them.

I called the RIAA and said, "Is there a place where I can legally download music?" There directed me to a list on thier website. I said I se in the user agreement this clause. Does this mean I can not play purchased music at a show. He said I obtained it legally he assumes I can use it as long as all liscenses are obtained from BMI or ASCAP.

Back to Pam-- Ok I told here what I learned from RIAA. She informes me that yes the ESTABLISHMENT needs a license. For example if Disturbed is signed with BMI and Creed is with ASCAP. The establishment needs a license from BOTH comanies for you to play music, (DJ or Karaoke) at that said place. If they do not they get in trouble. She said in the number of years she's been there no DJ has ever gotten in trouble/(unless he has illegaly obtained music) That is for the RIAA to get you on this. The websites have this clause to protect themselves. So if a bar or DJ has illegal music or no license. The website can not be dragged inot the mess. and the license from BMI or ASCAP gives you the RIGHT to play it.

So what it ammounts to and the info I recieved from both places is If you legally obtain the music. You can use it to play ONLY. You cannot sell, copy, or ditribute in any other manor.

I don't know if anyone else was concerned witht his but I was. I thought I would share my findings.

[slayreman]

A rep from BMI/ASCAP came into the bar where I host and told the owner that he must pay a fee to play karaoke, juke box, dj, and live band services to legally be able to run/play all that stuff in his bar. So, now he pays a monthly fee. I'm not sure how much, but I will research more into it.

[gotrich]

Thats just it. The bar or establishment is responcible for all that. There is nothing you can do becasue thy don't offer you anything.

[alanross]

Who's responsible for these fees when you play music for a private party on private property? Let's say it's a one time deal, like a wedding in someone's backyard. Is it considered a public performance in a closed party situation like that? What if you throw a block party? There's no establishment, no restriction on who's invited and you are most definitely performing in public... then who pays the royalties?
- Alan

[Karaoke Meister]

You do or the hosting entity for the party should pay the appropriate fees.

If you contact ASCAP, BMI, or SESAC you can get more information regarding the playing of songs at a block party, etc. Note that this should apply only to a public event. If it's a private event then it's a complete different situation entirely.

On a side note, I had a similar but very different (in some ways) when I asked about licensing from a number of different organizations.

Those that WANT you to play the music in the clubs say things like this:
"Legally obtained mP3s can be played in public venues, provided that performance licensing through ASCAP, BMI, and SESAC is obtained as well." - ASCAP

"ASCAP, SESAC, and BMI licenses the establishment where the performances occur. For example, if you play music in a club, it is the responsibility of the establishment to have the appropriate licenses." - SESAC


However, if you talk with the people SELLING the music you get respones like this:
"We're sorry, but just like yourmusic.com, BMG Club product is for personal use only and cannot be used for business or commercial purposes." - YourMusic.com

"We appreciate your patience as we attempt to assist you with your issue. The legal agreements we have with the various artists and publishers we do business with allow us to authorize use of our music for personal use only.
The quickest way for you to obtain permission for the use of these tracks as you've requested is to contact the labels for the songs in question and pursue licensing rights with them.

We apologize that we are unable to accommodate your request and appreciate your sincerity and honesty in contacting us for your issue. " - eMusic.com

So what's the good news in all this?
The good news is that I was finally able to obtain permission from eMusic as an exception to the End User License Agreement after I spent a lot of time on the phone and shooting emails with them, record labels, ASCAP, Harry Fox and a plenty of others. I was also able to find a site that sold MP3's without the End User Licensing Restrictions posted on eMusic, iTunes, Wal-Mart.com, Tower Records and others. Unfortunately, it's technically an 'import' or 'grey-market' because the tracks are made available through a company outside the US which puts the legalities of using them within the US into question because the licensing was procurred outside the US. Frustrating to say the LEAST!