Read these all the way through and tell me if you'd want to chance the definition of "private event" between you and say, 400 of your closest friends in a court of law.***
It's not up to you to define it - the law already has.
I'm not trying to slay any sacred cows. I'm not saying DJ's need to pay p.r.o.'s! But the venue _DOES PAY_ (if they don't, they are out of compliance).
A venue pays ONLY if they are using music in a commercial capacity.
***Again I'm not talking the bride, or the DJ, the responsibility is on the venue. Nonetheless, the responsibility is there.
There is no responsibility for a private event. None for the Bride, Groom, DJ or venue.
ASCAP and BMI Licensing and Rules For Music at Private Events: How to Determine If You Need a License
From the site you posted (read it):
'When any public establishment such as restaurants, bars, public venues, plays music or hosts Karaoke or hires a band or musical performer for the entertainment of patrons or spectators the artists whose music is being played are entitled to compensation.'
Translated - When any public establishment such as Applebees, Hooters, Holiday Inn, Gaylord Convention Center - plays music, hosts Karaoke or hires a band or musical performer for the entertainment of guests, the artists whose music is being played are entitled to compensation.
When you play a wedding (private event), the B/G is who hires you, not the venue. If the Gaylord Convention Center hired you to play music in the lobby as guests walked by, that is a commercial use and therefore, would need to be licensed. If WalMart hires you to play in their store, that is also commercial use.
'The establishment reaps the benefits of the music being played, thus they are responsible for the fees.'
Using the examples above, WalMart and Gaylord Convention Center reap the benefits, they get more customers and make more money. The Bride and Groom do not.
Similar to what was posted previously, this is the 10,000 foot general view covering ALL venues. For a private event, there is no reaping of benefits (aka: profit). If you'll take note, he specifically states 'There are few exceptions to the need for businesses to be licensed.'. Keyword there is businesses. Restaurant, bar, public events (like a festival, circus, fair). What he doesn't specifically address is what those 'few exceptions' are - but he doesn't need to - ASCAP, BMI and SESAC already have. For private performances, there is no licensing, regardless of where you are.
From the site you posted:
'But before you run off and pay licensing fees to Performance Rights Organizations (PROs) like ASCAP, BMI or SESAC, some exclusions may apply to your gathering.'
'If you’re holding a private event, it may not require you to obtain a license. Tread carefully though, like most laws there are exceptions to this rule! According to the books, a private event is a small gathering of family and close friends. So if the songs are for an intimate group of loved ones, it may be acceptable to sidestep the red tape.'
This next part specifically applies to public establishments that may be exempt from licensing - this is a completely separate topic from a private performance - 'Some public venues are also exempt from acquiring licensure. For example: melodies used for education, in a place of worship, or in an establishment that utilizes broadcasted media, (so long as said business meets speaker sizes and regulations).'
Tagging myself out guys. Do as you see fit. Really. It's all good.
GJ
GJ, again, it is all good. But you should know that your private events are protected, by law.