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DangerousDanKaraoke
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Posted: Thu May 07, 2009 8:24 pm |
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Joined: Mon Jun 02, 2008 12:12 am Posts: 394 Location: Seattle, Washington Been Liked: 0 time
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This is a topic that DJs talk about often. The only way the DJ/KJ is responsible for licensing fee is if they are renting out a place themselves and promoting their own show or rave. That may have been the case with the band Babs was talking about.
There's no fighting these licensing agencies, they have too much legal precedent on their side. If they sue you, they will win. They can also get an injunction against a bar from playing ANY music over speakers bigger than a clock radio. Even if it's the radio! As has been said, it might well not be until he gets a summons that he'll take it seriously.
Babs, rest assured whether you're there or some other host, he's going to have to pay. And any DJ/KJ/band would be out of their mind to pay HIS licensing fee. In fact, my performance contract says, "Contractor warrants that all appropriate music licensing fees have been paid and Talent is not responsible for same." And yes, never leave any of your gear there overnight. Last thing you want to do is wake up and find it's been padlocked or seized.
_________________ [font=Lucida Console]DangerousKaraoke.com[/font]
[font=Lucida Console]"Sing for the day, sing for the moment, sing for the time of your life!"[/font]
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Cueball
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Posted: Fri May 08, 2009 12:44 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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DangerousDanKaraoke @ Thu May 07, 2009 11:24 pm wrote: This is a topic that DJs talk about often. The only way the DJ/KJ is responsible for licensing fee is if they are renting out a place themselves and promoting their own show or rave. That may have been the case with the band Babs was talking about.
I think the same wouyld hold true if you were doing this at an Amusement Park or some outdoor event where you have to pay to rent the table space.
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Flipper
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Posted: Fri May 08, 2009 2:29 am |
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Joined: Wed Mar 17, 2004 6:46 pm Posts: 1264 Been Liked: 0 time
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Don't worry Bab's
As soon as the owner gets a legal notice he will be playing a different tune. Right now he is playing big shot, but once he realizes that they are going to play hard ball he will belly up to the bar and pay the fines.
No way is he going to jeopardize his business for $2000. He better dump his lawyer because this guy hasn't a clue about who he is dealing with. Once the pressure is applied he will be singing a different tune.
I'm proud of you for going to your meeting prepared and had the documentation to show this clown that he can't mess with you. You go girl!
_________________ FlipSide Karaoke
Scott
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Murray C
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Posted: Fri May 08, 2009 6:39 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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Babs @ Thu May 07, 2009 11:42 am wrote: My only worry at this point is that he stills doesn't pay because his so called lawyer told him he doesn't have to. $1200 to this guy is nothing. I'd hate to see me get shut down because he refuses to pay because he's stubborn. I think he really listened to what I had to say though.
Yes, you will be shut down if he refuses to pay. It has happened elsewhere, and there is no reason why it won't happen at his bar. The Oyster Bar and Grill in Pt Washington used to have live music of different kinds during the week... last time I went there expecting the regular band, there was nothing and when I asked where the band was, I was told the bar didn't have a music licence.
If I were you, I'd be looking for a new venue where the owner does have, or will obtain the appropriate licence.
EDIT: If he accepts his lawyer's advice that a licence is not needed, then why does he want you to pay for a licence?
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exweedfarmer
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Posted: Fri May 08, 2009 6:56 am |
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Joined: Tue Jan 24, 2006 7:34 pm Posts: 1227 Location: Completely Lost Been Liked: 15 times
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Once again, and then I'll shut up. You don't have to pay these people for karaoke. DJ? Yeah.... Bumper music? ....sure. But not karaoke.
READ THE LAW not something posted on a website, not someone's opinion of the law but the actual statute.
I think you will find that they really haven't got a leg to stand on. I doubt that they would file a lien because (as I see it) then they would have to state an actual dollar amount as damages and they are only entitled to collect what the songwriter that they represent is entitled to collect. Since the music in karaoke is incidental, that would be nothing.
_________________ Okay, who took my pants?
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Michaelangelo1
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Posted: Fri May 08, 2009 7:07 am |
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Joined: Fri Nov 21, 2008 8:33 am Posts: 1002 Been Liked: 0 time
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Good research Babs and thanks for the detailed references! They are very helpful. I haven't come across this issue (yet), but I will be ready when and if I do!
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Murray C
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Posted: Fri May 08, 2009 7:27 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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exweedfarmer @ Fri May 08, 2009 9:56 am wrote: Once again, and then I'll shut up.
The most sensible thing I've seen you type.... ever!
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diafel
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Posted: Fri May 08, 2009 8:42 am |
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Joined: Sun Dec 16, 2007 8:27 am Posts: 2444 Been Liked: 46 times
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Babs @ Thu May 07, 2009 11:42 am wrote: My only worry at this point is that he stills doesn't pay because his so called lawyer told him he doesn't have to. $1200 to this guy is nothing. I'd hate to see me get shut down because he refuses to pay because he's stubborn. I think he really listened to what I had to say though.
I suspect that his "lawyer" is a figment of his imagination. No lawyer with a licence to practice would advise anyone in that manner. The reason I say this is because it simply doesn't add up. As Murrlyn stated, if his "lawyer" has advised him he doesn't have to pay, then why is he trying to get you to pony up? I suspect he told you about his "lawyer" in order to make it appear that he had some legitimacy to his argument with you because he knew he was losing and he doesn't like to lose. He knew he would appear stupid and it sounds like he was trying to cover that up. However, it's too late. He already looks like the idiot he is.
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Babs
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Posted: Fri May 08, 2009 11:27 am |
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Joined: Tue Dec 06, 2005 11:37 am Posts: 7979 Location: Suburbs Been Liked: 0 time
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Thank you all for your responses !
I'll be sure to let you all know how this turns out.
The last couple yrs the bar owner has pretty much left me alone. He has never called me on the phone ever and our only contact is usually to say Hi or bye when he sees me. I don't even think he knows my real name. I'm the longest working employee he has ever had. It is probably because he's learned to trust I'll always show up and do my job. I like where I'm at and the setup I have, so I'm in no hurry to jump ship, but if I'm forced to I will.
_________________ [shadow=pink][glow=deepskyblue]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[updown] ~*~ MONKEY BUSINESS KARAOKE~*~ [/shadow][/updown][/glow]
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exweedfarmer
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Posted: Fri May 08, 2009 4:34 pm |
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Joined: Tue Jan 24, 2006 7:34 pm Posts: 1227 Location: Completely Lost Been Liked: 15 times
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Murrlyn @ Fri May 08, 2009 7:27 am wrote: exweedfarmer @ Fri May 08, 2009 9:56 am wrote: Once again, and then I'll shut up. The most sensible thing I've seen you type.... ever!
You should have said something sooner. If it doesn't make sense, someone can help you with the big words.
_________________ Okay, who took my pants?
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CStaley
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Posted: Sat May 09, 2009 11:05 am |
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Joined: Thu Dec 09, 2004 7:54 am Posts: 31 Been Liked: 0 time
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Babs @ Wed May 06, 2009 8:12 am wrote: It sounds like a great bargaining tool, but I would have a few concerns.
You can't license just yourself. You'd be licensing for the venue itself. After talking with BMI and ASCAP I've found they do not license KJs or DJs. That means it would be under their name and all other forms of copyright would need to be covered. If the bar is over 3500 sq ft and has TVs, if they have bands, and if the jukebox is not licensed by the vender, you'd be paying for those also. If they charge a cover charge all forms need to be covered regardless of sq ft and if the jukebox vender has a license. My other fear is ASCAP does not cover all copy righted material, so BMI may come knocking next. BMI wants to charge my venue $2000 for the yr.
Just food for thought.
Exactly.... I would be paying the venue's license fee for the karaoke portion of their ASCAP license.... the contract is between me and the venue... has nothing to do with me & ASCAP.
The VENUE would have to agree that I would be the exclusive karaoke person for the term of the ASCAP license that I would be paying, or they pay 2 nights of karaoke and the prorated remaining balance of the license fee. The check is made out to the VENUE to seal the contract, it's up to the venue to forward that portion to ASCAP.
And I would write off my taxes the expense as "licenses and permits" since that is what it is intended for.
If you're there 1 night a week at $150 for a year, that's (52 x $150)= $7,800.00 if the fee is $350... you still don't lose anything since you're writing off the fee anyway and guaranteeing that you'll make at least $7,450.00 in cash & $350 in write offs.
Besides you can't write off "free charity jobs" since the IRS doesn't allow "contributions of services"
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lordairgtar
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Posted: Sat May 09, 2009 3:58 pm |
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Joined: Wed Aug 15, 2007 8:50 pm Posts: 992 Location: Muskego, Wisconsin Been Liked: 0 time
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Babs @ Fri May 08, 2009 11:27 am wrote: so I'm in no hurry to jump ship, but if I'm forced to I will.
We will take you up here in Milwaukee, Babs
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