Help with the basics of music licensing/royalties

RUN AARON RUN!!!!!

I'll just say the area is as gray as the paint on the USS Missouri.

Absolutely agree with Jacob!

This is a very contentious area, and you wouldn't be able to read the titles in 5 minutes. There are sooo many laws (and lawyers) involved, and lawsuits pending -- that there is no simple way to describe how it all works.

Private and public become a complete blur, depending on circumstances, those in attendance, etc.


So basically, since there is so much involved (and at stake), you will get a differing opinion from anyone you ask. It is decided in court.

http://www.ascap.com/licensing/


http://www.bmi.com/licensing/?link=navbar


http://www.sesac.com/Licensing/Licensing.aspx

And it only gets more confusing after reading them

I don't work for either, but from my understanding the venue needs to be licensed in order for them to offer any type of music/video entertainment.

From my understanding, music licensing is getting permission to use the song in a public performance, movie, tv show etc.

For example, let's say you are making a movie. Just because you bought the cd doesn't give you the license to use the song any way you wish. Buying the cd gives you personal rights to listen to the song. You must obtain the rights to use that song in that movie.

For DJs, rather than having each DJ obtain the rights to each song, they require the venue to obtain the license to use the songs at their venue.


Royalties are fees paid to the performer, the publisher, and the writer of that song for the sale of the song and the use of it.

I'm sure i'm over simplifying it...and may be mistaken, but thats the general idea as far as I understand it.

mysoulishome said:

I understand it's confusing but I would think that anyone who works at bars and clubs regularly might be able to string together 2-3 sentences that communicate the basic concept.

Click to expand...

Ok, just a quickie based upon many years of trying to understand this mess of laws:

Essentially, the way it is supposed to work, is that in a venue open to the public (bar, restaurant, et. al.), the venue proprietor is supposed to pay the fees to ASCAP, BMI and SESAC, for the performance rights.

Performance rights can be defined differently, e.g. is a song being performed as a cover by a band, or is the actual original title being played by a DJ, or maybe it's an automated jukebox playing a cover version.

That's the most simple part :sqerr:


In a private setting, most DJs assume they can play anything.

If Joe across the street walks through the lobby of the venue where you are playing as a DJ, and can hear the music -- is it then private, or public? Who pays the fees?



So, if I were to stand up before a group of students, and try to explain how this all works, I would say:


It is one of the most complicated things on the planet, and each instance is treated differently by the courts, based upon the circumstances at a given event and/or place.

It is probably safe to assume, that a DJ will not get busted at a bar or wedding -- small potatoes. Even though they are probably violating some silly law, or terms of music licensing. Same thing with a band.

The venue might be sued though, if they haven't paid their protection money.



Trust me -- I wouldn't really want to get up in front of a crowd, and try to explain that whole mess

Trying to teach the Djs here downunder is even worse

they all think they are invincible and will never get caught
wait till they do I will just laugh at them and say
"well you cant say that you wasnt told already on how to!"

Contact Drax at the ADJA.
He is very knowledgeable about this.

Contrary to popular belief and opinion, already stated here and on other boards ad naseum, there IS no "gray area" at all.

1. The venue that is open to the public at any time is required in the US to take care of those licensing requirements, regardless of whether or not any particular event held there in question is public or private.

2. The most commonly referenced or supposed "gray area" is the distinction between "public" and "private" events, and it is not gray at all. The definition of each and what constitutes each is very clearly stated in about two short sentences in US Copyright law, and is easily accessible to anyone with an internet connection and two-cents worth of brains!

(okay, so that last part may be asking a bit too much!)

Sounds To Go said:

Contrary to popular belief and opinion, already stated here and on other boards ad naseum, there IS no "gray area" at all.

1. The venue that is open to the public at any time is required in the US to take care of those licensing requirements, regardless of whether or not any particular event held there in question is public or private.

2. The most commonly referenced or supposed "gray area" is the distinction between "public" and "private" events, and it is not gray at all. The definition of each and what constitutes each is very clearly stated in about two short sentences in US Copyright law, and is easily accessible to anyone with an internet connection and two-cents worth of brains!

(okay, so that last part may be asking a bit too much!)

Click to expand...

In theory, that sounds great -- reality is usually different than theory though...

I assume you are speaking of this section:


To perform or display a work “publicly” means —

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

So, define the bolded terms...

The definitions within the definitions are not clearly defined, and are completely open to interpretation by a court.

Hence -- a gray area (alright, call it shaded if you like ).