Response From School About The Prom Inquiry

To many ads? Support ODJT and see no ads!
D

DJ Auntie M

New DJ
Mar 11, 2010
513
0
Ok I was told by my state and county that I do not require a license to DJ, so I sent this info to the school and this was their response.

"The BMI card is the Broadcast Media, Inc card. You can also have a license through the American Society of Composers, Authors and Publishers (“ASCAP”). Unfortunately we (County Public Schools) cannot work with entertainers without these credentials."

I politely told the school admin that I could supply everything they were asking for except the above "credentials" so I needed to step back and decline the offer. I thought these fee's were the responsiblity of the venue - Any thoughts?:triconfused:
 
I would atleast try and find out how they got such erroneous info as to your responsibility. Provide them with the info on the ASCAP and BMI sites stating the responsibility and who is the party responsible.
 
Let it go. Whatever you do, DO NOT let yourself end up on a database of venues that these groups think needs to be paying a royalty fee every year. What you probably have is a vice principal or other administrator who used to work for some media company and thinks themselves an expert. Wait 6 months and try again.
 
DJ Auntie M said:
I politely told the school admin that I could supply everything they were asking for except the above "credentials" so I needed to step back and decline the offer. I thought these fee's were the responsiblity of the venue - Any thoughts?:triconfused:
Click to expand...

The statement from ASCAP is as clear and unambiguous as anything about license fees.

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

12. 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.
Click to expand...


The issue comes down to auditability. A fixed venue, or promoter is selling tickets, or just counting heads to keep within fire code. This creates a reasonable audit trail in case ASCAP or BMI want to double check the math. An entertainer, band, or DJ has no real ability to be audited...we are often paid a flat rate, not per head. We may never know the actual head count at the event.
 
As with everything, there could be a flipside to this...

If the school doesn't want to be bothered with the performance fees and such, they can hire a company who handles that themselves.

Venues that provide entertainment on a regular basis, usually deal with the fees and licensing (or they just ignore them, and hope they don't get caught). If the school doesn't want to be bothered, yet still be in the proper place legally, it's well within their right to require an entertainment company to provide such...
 
One possible route is to go with an association that provides or negotiates a license on behalf of it's members.

As an example from an organization that promotes a particular style of partner dancing.... For a three day event (Fri, Sat, Sun) with 200 to 400 people in attendance, the fee is about $70 for ASCAP, and $50 for SESAC....BMI is included as blanket coverage with membership.

If the school is looking to pass the buck on this one, they should be willing to pass another $150 to $200 on the contract to cover the license expense.
 
djsarge said:
Since it's a private event, is a license even needed?
Click to expand...

Since when is a public school event private...? ;)


Perhaps if it was a private school, and they didn't sell tickets, etc... Public schools are funded by the government, and are public venues by nature of the red tape beast.
 
djsarge said:
Since it's a private event, is a license even needed?
Click to expand...

Not a private event. From the same link I posted above:

2. What is a public performance?

A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt.
Click to expand...

A wedding reception is not a public event under the "small circle of a family or its social acquaintances" exception.
 
DJBob said:
Only members of that school and their guests are allowed to attend, if any one of us showed up at the door and wanted to buy a ticket we would be refused. That sounds private to me.
Click to expand...

That's what I'm getting at. Only students allowed, not the general public like a club. Is a license needed for other school dances? If so, lot's of schools are in deep doo doo.
 
That's one thing I like about here in Indiana...the venue is responsible for the licenses...period.
 
Regardless of WHERE the event is held IF the general public is not allowed to participate, it is a private event and no music licensing is required. This has been covered on both BMI and ASCAP websites.
 
DougF said:
Regardless of WHERE the event is held IF the general public is not allowed to participate, it is a private event and no music licensing is required. This has been covered on both BMI and ASCAP websites.
Click to expand...

-1

I just posted this. I'll repeat it for clarity.

If anyone outside the a "small circle of family or its social acquaintances" is present, then the performance is "public."

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

2. What is a public performance?

A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt
Click to expand...
.
 
Family in this instance has been defined as specific group who has a regular frequent contact. This includes schools, social clubs. Members of that "family" group and their invited guests where the "general public is not allowed to participate is considered a private event. When I get the time to find the legal precedent I will post it.
 
DougF said:
Family in this instance has been defined as specific group who has a regular frequent contact. This includes schools, social clubs. Members of that "family" group and their invited guests where the "general public is not allowed to participate is considered a private event. When I get the time to find the legal precedent I will post it.
Click to expand...

You won't find a good legal precedent Doug... It's rarely tested -- and given school grounds are public funded -- it probably wouldn't stand a chance anyway.


The point is, the school can opt to have the entertainment company do that for them -- it's called outsourcing. It doesn't matter who in the chain pays the fees, just that they are in fact paid for the event.
 
DougF said:
Family in this instance has been defined as specific group who has a regular frequent contact.
Click to expand...

I hung out with the same group at a bar for years! We were a "specific group", and we had "regular frequent contact" (some more regular, and some more frequent... :tricool:). There was a "crazy uncle", a "slutty cousin", and even a "grandma & grandpa" in the group. Somehow, I don't think that qualifies for an exception. :triwink:

School mates are not family. Neither are co-workers.

There are things between "family and social acquaintances" and "general public."
 
You must log in or register to reply here.
Top Bottom
Back