Members YeahDoIt Posted October 1, 2011 Members Share Posted October 1, 2011 http://www.ascap.com/licensing/licensingfaq.aspx "Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform? Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business." Link to comment Share on other sites More sharing options...
Members Gary Blanchard Posted October 1, 2011 Members Share Posted October 1, 2011 One of the reasons I stick to original and traditional material. :wave: Link to comment Share on other sites More sharing options...
Members Stackabones Posted October 1, 2011 Members Share Posted October 1, 2011 Gary, some performers have their original music published through BMI, ASCAP, etc. If so, and they play one of their songs published by a PRO during a set, then the venue has to pay a licensing fee. Link to comment Share on other sites More sharing options...
Moderators daddymack Posted October 1, 2011 Moderators Share Posted October 1, 2011 It has always been the venue's onus to have a license with the PROs in order to provide live music. This expense is one of the reasons we are seeing a recent trend of originals bands performing at specific clubs...the clubs insist originals only, no covers, and thereby dodge the PRO fees. The club 'saves' overhead expenses, pays the bands nothing (typically P2P) and reaps the potential benefit of whoever the band brings in the door. Link to comment Share on other sites More sharing options...
Members MusicalSchizo Posted October 1, 2011 Members Share Posted October 1, 2011 Most bars have jukeboxes. This requires they pay those fees as well. So generally speaking, most venues are covered already. There was a cool little coffee house within walking distance of my old house in Orange Park, FL that got into all kinds of trouble because they didn't realize they had to pay the fees. Then they decided they thought the fees were too high and refused to let people play covers, lest they get sued. One time I was doing a solo acoustic show at my brother-in-law's pizza joint (which was also a music venue), and after I played all the originals I planned on playing, people starting asking for some cover tunes (the acts who were to play before me and after me did not show up that night, so I had a lot more time to cover than the 50-minute set I had planned). I first checked with him to make sure he was all paid up (which he was). It was a funny little bit because it was right after that little coffee house was in the news. Thought I'd share.Brian V. Link to comment Share on other sites More sharing options...
Members Stackabones Posted October 1, 2011 Members Share Posted October 1, 2011 It has always been the venue's onus to have a license with the PROs in order to provide live music. This expense is one of the reasons we are seeing a recent trend of originals bands performing at specific clubs...the clubs insist originals only, no covers, and thereby dodge the PRO fees. The club 'saves' overhead expenses, pays the bands nothing (typically P2P) and reaps the potential benefit of whoever the band brings in the door. If the original band has its songs published by a PRO, then the venue has to pay up. Link to comment Share on other sites More sharing options...
Members Gary Blanchard Posted October 1, 2011 Members Share Posted October 1, 2011 Gary, some performers have their original music published through BMI, ASCAP, etc. If so, and they play one of their songs published by a PRO during a set, then the venue has to pay a licensing fee. I should clarify that I play my original music or traditional songs. It is either my stuff or PD. Link to comment Share on other sites More sharing options...
Members Stackabones Posted October 1, 2011 Members Share Posted October 1, 2011 I should clarify that I play my original music or traditional songs. It is either my stuff or PD. I understand. But if any of your orginal music is published under a PRO, the venue has to pay the PRO's licensing fees. I know plenty of local songwriters who have their original music published by ASCAP or BMI. If Bob Dylan comes down to your local coffeehouse (that only allows original music and no covers), Dylan can play his original music there -- but Dylan's PRO (if they find out) will ask the venue to pay the licensing fees. Most traditional music is public domain and there's no need to worry, of course. When you play traditional/PD music you are still playing covers -- just ones that aren't covered by a PRO and therefore no licensing fees. Link to comment Share on other sites More sharing options...
Members Gary Blanchard Posted October 1, 2011 Members Share Posted October 1, 2011 None of my stuff is published by anyone, so I don't have to worry. And yeah, traditional songs are covers, but no one can tell me it isn't the way the song goes, because no one knows how the original sounded. What I hate about doing more recent covers is that people somehow think that a single guitarist should be able to make the song sound just like the recording, even though that was done by a full band, likely with overdubs. Link to comment Share on other sites More sharing options...
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