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hiteck
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 Posted: Mon Jun 13, 2011 5:18 am |
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Is there a way to confirm whether or not an establishment is paying for the appropriate ASCAP & BMI fees? According to the FAQ's on ASCAP's site in regard to who is responsible for these fees: Quote: 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 [b][u]all who participate in, or are responsible for, performances of music are legally responsible.[/u][/b] 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. According to the FAQ's on BMI's site in regard to who is responsible for these fees: Quote: Since it's the business or organization that's benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. This responsibility cannot be passed on to anyone else even if the musicians hired are independent contractors. I'm a bit confused. If a KJ was to play in a venue that wasn't paying for the proper licenses, could the KJ be held legally responsible in addition to the venue?
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diafel
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Posted: Mon Jun 13, 2011 6:15 am |
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Joined: Sun Dec 16, 2007 8:27 am
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hiteck wrote: Is there a way to confirm whether or not an establishment is paying for the appropriate ASCAP & BMI fees? According to the FAQ's on ASCAP's site in regard to who is responsible for these fees: Quote: 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 [b][u]all who participate in, or are responsible for, performances of music are legally responsible.[/u][/b] 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. According to the FAQ's on BMI's site in regard to who is responsible for these fees: Quote: Since it's the business or organization that's benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. This responsibility cannot be passed on to anyone else even if the musicians hired are independent contractors. I'm a bit confused. If a KJ was to play in a venue that wasn't paying for the proper licenses, could the KJ be held legally responsible in addition to the venue? No. That wording about "participate in" is a poor choice of words. They are aiming that at venue owners and trying to make them understand that because they participate in (ie contract and receive the services) music performances, that they are the ones that need to pay, not the artists or service providers. Quote: Since it's the business or organization that's benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. The above is better worded and more clear.
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hiteck
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Posted: Mon Jun 13, 2011 6:21 am |
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Thanks diafel!
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Murray C
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Posted: Mon Jun 13, 2011 6:32 am |
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If a KJ is hired for a gig at an event put on by business X, it is business X's responsibilty for the license.
However, if a KJ hires a venue and puts on his/her own show, the KJ is responsible for the licenses. (eg. if a KJ rents a room and charges a cover for karaoke, it is not the owner of the room but the KJ who is responsible, because the KJ is the ultimate benefactor of the performance).
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JoeChartreuse
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Posted: Mon Jun 13, 2011 12:37 pm |
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Murray C wrote: If a KJ is hired for a gig at an event put on by business X, it is business X's responsibilty for the license.
However, if a KJ hires a venue and puts on his/her own show, the KJ is responsible for the licenses. (eg. if a KJ rents a room and charges a cover for karaoke, it is not the owner of the room but the KJ who is responsible, because the KJ is the ultimate benefactor of the performance). Yup, people have a tendency to forget this. I know KJs who are also promoters, and rent out halls for karaoke events. I will say this- much as I loathe the artist organizations ( mostly because of their tendency to forget to pass on fees to artists on occasion) I am told that they are pretty accomodating for this sort of thing, and the fees aren't too bad...
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Last edited by JoeChartreuse on Tue Jun 14, 2011 1:41 pm, edited 1 time in total.
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Moonrider
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Posted: Mon Jun 13, 2011 1:13 pm |
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hiteck wrote:
I'm a bit confused. If a KJ was to play in a venue that wasn't paying for the proper licenses, could the KJ be held legally responsible in addition to the venue?
Not unless the KJ was the owner of the bar/club/restaurant. That being said, if the KJ were the organizer of an event (say a fund-raiser thingy) and rented a hall that isn't normally used for public performance for a one-off public karaoke show, then as the organizer of the event the KJ would be expected to make sure the required licenses were in place. edit: Dang! Y'all type fast!
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