paying music licenses

Subject: paying music licenses
From: GUEST
Date: 19 Feb 04 - 08:40 AM

Hello folks.

I need the advice of this community of musicians.

First let it be said that I'm asking because I have great respect for professional musicians, especially those on the Mudcat, and want you to make piles more money that you already do. Except for Janet Jackson, who probably has enough. The folk performers among you deserve everything you can get, and some of hers, too.

But for moral and financial reasons, I am trying to figure out the best, smartest, most ethical way to take on the bossy, smarmy companies that insist I pay them money and don't ask questions. What are your true, honest feelings about those big three?

The place of business in question has live music, mostly folk, not all trad, some original and a very few covers. Tips, food and beverage are the stock in trade, and everyone's happy.

I'd love to argue that we shouldn't have to pay for playing CD's. Hasn't my purchase given me the right to play it anyway and any place I want? But I understand that the law only allows for radio play in public places, without me paying AGAIN for the licences that stations have already paid for. So I guess it's the live music that has them after me.

What do you really think? Do you make enough money from these orgs that I should pay them? Or has anyone had experience taking them on and either learning the value of the licenses or getting free of them?

Subject: RE: paying music licenses
From: GUEST,Peter from Essex
Date: 19 Feb 04 - 11:42 AM

The answers will depend on the laws that apply in your location. As this is an international forum it would help if you told us where you were.

Subject: RE: paying music licenses
From: M.Ted
Date: 19 Feb 04 - 12:04 PM

If "they" are actually after you, no matter what you do, you will need a good music attorney to present your case to them-there are a lot of reasonable options, but "they" are generally after lisensing fees, and won't back off unless you can demonstrate that you are legally right--


To circumvent the need for paying fees, you need to eliminate any activity that would require them,and you need to be able to document it:

First thing I would do is implement and enforce policy of "originals or Public Domain only", and collect written set lists, making sure that each song has the author attributed, or Public Domain.

Next, if you plan on using CD's for background, make sure that you obtain performance clearance from the artists or from the record label, and keep a log of the things that you play--

You will need the attorney to communicate this stuff, and other things that he/she may deem necessary, to the above mentioned "they" --

Subject: RE: paying music licenses
From: GUEST
Date: 19 Feb 04 - 12:13 PM

I'm in the U.S. Sorry that wasn't clear. Part of the problem is understanding why there are three, and is there one that covers 'most' of the music that would likely be played in a genre of one type or another, or do musicians just choose from among the three, and you really do need all three to cover every possibility.

Subject: RE: paying music licenses
From: GUEST
Date: 19 Feb 04 - 12:14 PM

BMI, ASCAP and who?

Subject: RE: paying music licenses
From: GUEST
Date: 19 Feb 04 - 12:28 PM

Sesac.

Subject: RE: paying music licenses
From: ReeBop
Date: 19 Feb 04 - 01:17 PM

Where are you located in the US? Is it more dining or bar? Are you known for being a "live music venue" and how many people frequent your place on a regular night? How often do you play CDs? Do you have a jukebox?

I agree about the "originals or public domain" rule as well as the written set list. These questions may help you to figure out what to do about the rest of the music that you are playing. I'll do a little reseach and see whe I can come up with today.

Subject: RE: paying music licenses
From: DebC
Date: 19 Feb 04 - 01:49 PM

There has been much discussion in the folk community about this topic. There is also a discussion going on in the usenet newsgroup UK.Music.Folk about the PRS (Performing Rights Society) issues.

I am not a member of a PRO as I am not a writer, but I have kept watch on the discussions. I suggest that you look at the Folk Alliance Archives and look at what some folks have said there. I especially urge you to read Mark Moss's and Joel Mabus's words on the subject. These two gentleman have wonderfully articulated the issues that have been brought up time and again not only by venue owners but performers as well.

BTW-the link above gives all the threads in the archives. I am not sure how to isolate them, but the PRO discussions have "PRO" in the thread titles.

Good luck,

Deb Cowan

Subject: RE: paying music licenses
From: DebC
Date: 19 Feb 04 - 01:55 PM

Me again.

In the link I provided, you might scroll to the top of the page and put PRO in the search box. That will give a list of all the messages in the PRO discussion.

Deb Cowan

Subject: RE: paying music licenses
From: GUEST
Date: 20 Feb 04 - 06:36 PM

refresh

Subject: RE: paying music licenses
From: GUEST,bid andy
Date: 21 Feb 04 - 06:56 AM

There is always the peace of Yorkshire advice "dunt tell um nawt"

Subject: RE: paying music licenses
From: GUEST
Date: 21 Feb 04 - 07:40 AM

Thank you, Deb. Gives a good musicians' insight. I'll keep reading. 'Cause though I FEEL like I'm write, these are the last people I want to hurt by my actions.

The problem here is ONCE you pay them, you're on the map and they HOUND you until you pay again and again.

Subject: RE: paying music licenses
From: GUEST
Date: 22 Feb 04 - 10:47 AM

refresh