I get asked this question quite often when I say I'm a DJ.
- Thread starter MIXMASTERMACHOM
- Start date
My understanding is that clubs/bars are liable since the agreement is between them and BMI and/or ASCAP. The bar in turn can sue the band or DJ if a suit is file against them for infringement.
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If the agreement is between the bar / club and BMI / ASCAP .. and the bar is covered .. what would the infringement be?
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If the DJ is using pirated music, the venue can be sued for allowing the DJ to use pirated music in their venue. Most likley the DJ would already be named in a suit. Kinda like what Sound Choice is doing on the karaoke side, sue the pirate and the venues he is giging at.
Pirating the Music and playing copyrighted music for public performance are two separate and different issues. Just so that you know.
Yes, that is why I used the word "pirated". If you are playing copyrighted music in a venue that does not pay the PRO fees you can be sued also. Just so you know
Just as an afternote -- playing music from a service such as iTunes or Amazon is not legal in a commercial venture.
You must agree to their TOS -- which forbids commercial enterprises. It is for your ears only.
Granted, at some point they may decide to enforce their TOS, but for the moment, it's fairly lax...
You must agree to their TOS -- which forbids commercial enterprises. It is for your ears only.
Granted, at some point they may decide to enforce their TOS, but for the moment, it's fairly lax...
All media states the same. The simple fact is, any music, no matter where it is purchased, is not legal for public proformance unless the venue pays the PRO fees. (ASAP, BMI, SESAC).
When the PRO fees are paid, the media becomes legal.
iTunes, Amazon, everyone has that "non-commercial" use clause to cover their a$$.
....and where did you learn this.....? In Bogus University?
Call ASCAP, BMI, and SESAC and they will tell you. I owned and operated a couple of bars for a few years. As long as I paid my PRO fees, and the music or media was legally aquired, it was legal for play in my club, period.
What the hell do think those fees are for??
The music doesn't become legal, because the venue pays the fees. When YOU are making money off of playing artists tunes, YOU are reaping commercial fees from it.
Do you submit a playlist to the venue, who then submits it to ASCAP, BMI, so that the proper artists get paid?
So, let's do a little theory here -- I'm gonna post a video of The Boss (he's one of my Favs) -- now, is the board covering his royalties?
[video=youtube;d5PoIrcyd34]http://www.youtube.com/watch?v=d5PoIrcyd34[/video]
Are you using that video in a commercial setting to make profit? No.
Since you and Canute like to cloud the facts, let me clarify. The music I have is Legal to play in venue "A" because they pay their PRO fees.
However, the exact same music is NOT legal to play in club "B" because they DO NOT pay PRO fees.
Simple enough for you?
Depends...
Let's say you walk into a venue, and they ask to see your insurance policy. Do you ask to see their ASCAP, BMI, SESAC invoices?
I doubt it -- which means you have not done your due diligence. Perhaps they only paid ASCAP, so you are only entitled to play songs from their catalog, and not BMI.
As best I can figure, the only legal way to play music for commercial gain, is using one of the subscription service's.
Yes, in fact, I do ask to see the paid invoices. I have one venue, that I do karaoke at, that had never paid any PRO fees. She wanted me to do karaoke but did not want to pay the fees so I made a deal with her that I would pay half the fees. In return, I am the only DJ/KJ that play there. This past year she wanted to start having bands once a month so I paid for 1/4 of the pro fees and the bands, two of them, split the other 1/4.
And for the record, just because you are a member of a paid subscription service, does not mean that you can use that music in a commercial venue, unless the venue has paid their PRO fees.
That is not what you said. This is your quote "When the PRO fees are paid, the media becomes legal."
Think before you type.
That is not what you said. This is your quote "When the PRO fees are paid, the media becomes legal."
My bad for thinking that a DJ would understand what I was talking about.
Sorry, forgot you are an art dealer.
What kind of art do they sell at the dollar store?
The Kind of Art that depicts DJs like you who don't know what they are talking about!My bad for thinking that a DJ would understand what I was talking about.
Sorry, forgot you are an art dealer.
What kind of art do they sell at the dollar store?
The Kind of Art that depicts DJs like you who don't know what they are talking about!
Is that the one with the 5 DJs playing poker?
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As others have said .. 2 different issues .. having the music legally and playing the music legally.
Having it is a RIAA issue and they can decide whether to go after you or not.
Playing it is a ASCAP/BMI/SESAC issue and they don't really care how you get your music only that someone paid to have it played .. and that liability generally falls on the shoulder of the one who reaps the benefit .. and that's typically the venue owner or the promoter (so if you have your own raves or dances that you sponsor at a KofC hall or at the Y and charge, YOU are probably responsible for the licensing).
Karaoke media licensing is a whole other ball of fun ....
