Local Bar being sued by ASCAP - claims an agreement with Virtual DJ covers them
- Thread starter Ron
- Start date
I'm curious what license they think they have with VDJ that covers playing music.
And yet another stupid club owner who thinks they're going to beat ASCAP at the licensing game. Let me see how this plays out;
Go to court
Lose to ASCAP
Try to appeal
Lose to ASCAP
Try to appeal again
Lose to ASCAP
Run out of money
Close the club
The fix is in. There is no winning for the stupid club owner.
Go to court
Lose to ASCAP
Try to appeal
Lose to ASCAP
Try to appeal again
Lose to ASCAP
Run out of money
Close the club
The fix is in. There is no winning for the stupid club owner.
Yup. The Local Bar we are doing a show at pays about $1,900 a year to ASCAP. It goes by the capacity of the establishment, and how many nights per week they have Live Music or a DJ there. If you have live music 5 nights a week, it costs more than having live music 1 night a week.
The owner is a idiot if he truly believes that paying for a Audio Subscription and getting the Virtual DJ monthly license to be able to play that music is the same as ASCAP fees, LOL.
The owner is a idiot if he truly believes that paying for a Audio Subscription and getting the Virtual DJ monthly license to be able to play that music is the same as ASCAP fees, LOL.
The ContentUnlimited "legal statements" say:
These services and resources are made available by the content providers under current and specific licenses and permissions granted by the original copyright holders and/or their consigns under usage and display definitions in accordance with United States Copyright Code, Title 17; §106(4,5) and §114(b) respectively, and for use in ASCAP, BMI and SESAC compliant venues within the authorized territories.
These services and resources are made available by the content providers under current and specific licenses and permissions granted by the original copyright holders and/or their consigns under usage and display definitions in accordance with United States Copyright Code, Title 17; §106(4,5) and §114(b) respectively, and for use in ASCAP, BMI and SESAC compliant venues within the authorized territories.
Right, meaning that it says you can use the "content unlimited" in venues that have already paid the appropriate public performance licence fees, not that the ASCAP license itself is included.
VDJ is saying they have secured permissions from artists/rights holders allowing you to use content unlimited for public performance. They are just doing you a courtesy by reminding you however that the venue itself still needs to be compliant.
VDJ is just telling you that they are licensed the same as any dj music subscription service or pool.
You still need the separate licence for public performance.
The strip club won't win this one.
VDJ is saying they have secured permissions from artists/rights holders allowing you to use content unlimited for public performance. They are just doing you a courtesy by reminding you however that the venue itself still needs to be compliant.
VDJ is just telling you that they are licensed the same as any dj music subscription service or pool.
You still need the separate licence for public performance.
The strip club won't win this one.
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VDJ secured the content for "private" performances ... the venue needs to be compliant for "public" ones.
Maybe that's where they're trying to get away with it - private vs public.
Maybe .. many of the "Gentleman's Clubs" down south require a membership to go in (I was dragged to one in SC many years ago by my boss and we all had to become members) so it might be considered a private entity.
That's where the grey area is .. Is it a private club or a private event? If you have to be a "member" to get in, and not open to the general public, what is it?
Not sure how you figure that would be a grey area?
All clubs have to pay, private or not. Even non profits have to pay.
The type of event being held within (which may require additional fees) is a separate issue. The venue itself if any type of copyrighted music is played, private club or not still has to be licensed regardless of the type of event being held within, no?
All clubs have to pay, private or not. Even non profits have to pay.
The type of event being held within (which may require additional fees) is a separate issue. The venue itself if any type of copyrighted music is played, private club or not still has to be licensed regardless of the type of event being held within, no?
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Not necessarily. If I have a wedding reception in a restaurant that has closed its doors to the "public" for that time period, it's a private event .. even if such "restaurant" was a Gentleman's Club. Licensing is for public performances, not just because it's a club .. just saying there is a grey area for places that restrict admission .. I'm not really sure how they get classified .. I guess we'll find out.
Well in the op's scenario there was no mention in the article of it being a private club so I have no doubt they will lose their fight.
I think that even if the venue is private, if it generates revenue, even if it's a not for profit enterprise I believe they would still have to pay.
In your scenario they are obviously using the "private club" scam to get around something else, usually municipal by-laws or similar.
The fact that anybody could join by paying a fee on the spot with no previous qualifications makes that obvious.
Using that logic, anybody that goes to any club and has to pay a cover charge to get in would make them a member, at least for the night.
I think that even if the venue is private, if it generates revenue, even if it's a not for profit enterprise I believe they would still have to pay.
In your scenario they are obviously using the "private club" scam to get around something else, usually municipal by-laws or similar.
The fact that anybody could join by paying a fee on the spot with no previous qualifications makes that obvious.
Using that logic, anybody that goes to any club and has to pay a cover charge to get in would make them a member, at least for the night.
Maybe, though cover charge isn't the same as membership. As I said earlier, many of the Gentleman's Clubs get around local pornography laws by being member only instead of public .. not that it means much as you become a member by paying a membership fee (usually around $25 for a year).Well in the op's scenario there was no mention in the article of it being a private club so I have no doubt they will lose their fight.
I think that even if the venue is private, if it generates revenue, even if it's a not for profit enterprise I believe they would still have to pay.
In your scenario they are obviously using the "private club" scam to get around something else, usually municipal by-laws or similar.
The fact that anybody could join by paying a fee on the spot with no previous qualifications makes that obvious.
Using that logic, anybody that goes to any club and has to pay a cover charge to get in would make them a member, at least for the night.
DjDennis
RIP- My Dad (2011), Sister (2013) and Mum (2017)
I was in Utah. Forget what city. It was a dry area, no alcohol. But they had "private" clubs that anyone could join for $5 and them full bar. I'm a proud member of 2 places that I can't remember the names of.
In our town, smalltown Brookings South Dakota, the Downtown association for many years hosted "Downtown at Sundown" a weekly summertime event that featured bands on stage on a side street. Local news reported that the event was cancelled because they were notified (by ASCAP) that they needed to pay fees....Downtown Association says we can't afford to pay licensing so event is cancelled. Recently they announced the event was going to be back (and presumably they obtained their ASCAP/BMI, etc..) I wonder who reported....ASCAP reportedly claimed they stumbled on the event on social media advertising but it's hard to imagine them trolling Brookings South Dakota without some tip.
DjDennis
RIP- My Dad (2011), Sister (2013) and Mum (2017)
Its like I have said all the way along - you only need to be caught once and you will never be a Dj again especially these Club guys that think they know it all
even where I am they have also been notified that if they are caught (even the clubs) then that will be it for them.....
even where I am they have also been notified that if they are caught (even the clubs) then that will be it for them.....
Actually, in the US, it isn't the DJ who gets the licenses to play music, it's the venues or the promotors. It's different in Canada and might be different in Australia, but DJs here don't take the flak.