More of my clients are using Spotify for their playlists

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Found this pamphlet - has the most detailed info I've seen yet.
Apparently a wedding would be considered non-public...a bar? nope.

https://www.sesac.com/media/pdf/lic/sesac12_copyrightlaw.pdf

It quotes specific court cases in plain english...some of what we would not think twice about are there...non profit events (you got paid? oops it would seem), bar charges admission but only has a jukebox license, and more.
Even a record store because not enough of their revenue was from selling music.

One detail mentioned - courts will find a person liable if they have a direct financial benefit from the infringement - so you got paid? yep, you can be held liable.

The last line of this intellectual property lawyer blog article states:


When is a ‘Private’ Music Performance Actually Public? | Panitch Schwarze Belisario & Nadel LLP

We do plenty of non-profit events that we get paid very well for. The events can be non profit. Doesn't mean every vendor has to be.

It seems quite simple to me. In the USA, It's never has been about the source of the DJ's music. It's about the venue obtaining proper licensing when needed.
CD's , mp3, streaming, record pool....all pretty much have the same restrictions in regards to being played publicly. Proper licensing still needs to be obtained.........by the venue. The venue is responsible for determining if the event is public or private and getting the correct licensing. It's nothing I've ever needed to be concerned with, or have heard any DJ ever needing to be concerned with. Except one that created the concern themselves
 
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I can't believe there aren't 2-3 minutes here and there that couldn't be used for taking a few pictures or shooting some video. Not every minute of DJing at a wedding would be that engrossing .. just my opinion.

Maybe, but not something I think about AT ALL![emoji4]... I did an event where my daughter and her husband were guests, and I asked my daughter to take pictures... She took a few (really bad) shots of me setting up, but once the other guests arrived she socialized the rest of the night and didn't take even ONE picture of the performance.[emoji1] Her husband took a couple of pics of me sitting at my booth (doin' nothin') during the speeches... GREAT![emoji1]


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Maybe, but not something I think about AT ALL![emoji4]... I did an event where my daughter and her husband were guests, and I asked my daughter to take pictures... She took a few (really bad) shots of me setting up, but once the other guests arrived she socialized the rest of the night and didn't take even ONE picture of the performance.[emoji1] Her husband took a couple of pics of me sitting at my booth (doin' nothin') during the speeches... GREAT![emoji1]


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I understand .. not everyone can walk and chew gum at the same time ... :)

But if a DJ can put on a 5-6 minute pre-mixed medley to go to the bathroom, the same thing can be done if they want pictures or images. Whether that DJ can do it (the pics/video .. not the bathroom part), or should out-source that task, that would be the question.
 
Found this pamphlet
One detail mentioned - courts will find a person liable if they have a direct financial benefit from the infringement - so you got paid? yep, you can be held liable.

You're still wrong - because you don't seem to comprehend what the pamphlet is telling you.

It's not simply that you get paid - it has to be the song itself that pays you. For example, you take the #1 song in the country and play it continuously in the parking lot of your shoe store. As a result shoe sales at your store triple that day.

The DJ who you hired to play the song for you is NOT liable - because he did not benefit from the song. He benefits from showing up and performing labor at your direction and control. It doesn't even matter who provides the equipment or the song - it could even be a streaming source, or the radio. Nothing changes.

The song was directly responsible for tripling your sales that day because it drew attention and gathered customers at your location who as a result made purchases. You as the owner of the shoe store are liable and the DJ is not.

Non-profit gigs? Yes, they are in the business of raising money and usually are selling tickets to a Gala. That's not a private event but you are also not liable as a DJ. The liability falls on the non-profit.

The same non-profit having an employee Holiday party? This one IS a private event, so for that the non-profit would be exempt.
 
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Why is it the venue's responsibility?

If I hire a contractor, or any expert, I'm hiring them to do a job - part of that job is to know the rules, laws, licenses, permits, etc needed to do the job.

A real estate agent needs a license, as does a barber, etc. Do you ask these folks to show you their licenses? Of course not.

So if you're hired as a DJ the venue assumes your gonna be legal, have all the necessary gear, skills, licenses, permits, knowledge to the job.

I've never asked a venue if they have the proper licenses for the music (or food or capacity of the hall,etc). Have you?

What about when you do a school dance? A wedding in a park? A party in a community hall? Car Cruise? I bet NONE of these venues have the proper licenses.

A friend has done a car cruise at a gun club...as a gun club member I know we don't have said license.

I've got a fathers day gig at a retirement home. Do they have a license? I bet not.

And from the pamphlet link above several of the cases mention the fined entity pleaded ignorance..and it didn't work.

As I've stated, if you can show me something that states DJs are exempt I'd like to see it. EVERYTHING I can find is the opposite. Anecdotes and hearsay are all I"ve ever found to say it's OK. I don't trust that, do you?

We do plenty of non-profit events that we get paid very well for. The events can be non profit. Doesn't mean every vendor has to be.

It seems quite simple to me. In the USA, It's never has been about the source of the DJ's music. It's about the venue obtaining proper licensing when needed.
CD's , mp3, streaming, record pool....all pretty much have the same restrictions in regards to being played publicly. Proper licensing still needs to be obtained.........by the venue. The venue is responsible for determining if the event is public or private and getting the correct licensing. It's nothing I've ever needed to be concerned with, or have heard any DJ ever needing to be concerned with. Except one that created the concern themselves
 
Why is it the venue's responsibility?

If I hire a contractor, or any expert, I'm hiring them to do a job - part of that job is to know the rules, laws, licenses, permits, etc needed to do the job.

A real estate agent needs a license, as does a barber, etc. Do you ask these folks to show you their licenses? Of course not.

So if you're hired as a DJ the venue assumes your gonna be legal, have all the necessary gear, skills, licenses, permits, knowledge to the job.

I've never asked a venue if they have the proper licenses for the music (or food or capacity of the hall,etc). Have you?

What about when you do a school dance? A wedding in a park? A party in a community hall? Car Cruise? I bet NONE of these venues have the proper licenses.

A friend has done a car cruise at a gun club...as a gun club member I know we don't have said license.

I've got a fathers day gig at a retirement home. Do they have a license? I bet not.

And from the pamphlet link above several of the cases mention the fined entity pleaded ignorance..and it didn't work.

As I've stated, if you can show me something that states DJs are exempt I'd like to see it. EVERYTHING I can find is the opposite. Anecdotes and hearsay are all I"ve ever found to say it's OK. I don't trust that, do you?
Unless the DJ is the promoter of an event and a beneficiary directly from the gate, there isn't even a way for them to obtain the licensing from ASCAP, SESAC, etc. so the responsibility lies with the venue .. no other option. You can get licensing (even 1 day versions) if you are putting on the event.

As for the car cruises, the gun clubs, etc., if they are open to the public, then they need the licensing. Weddings in a park are still private events.

From the ASCAP website ... ASCAP Licensing

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.
 
Found this pamphlet - has the most detailed info I've seen yet.
Apparently a wedding would be considered non-public...a bar? nope.
We already explained this. A wedding in a bar - still not public. Additionally, the DJ cannot be held liable unless he/she is also the promotor. Under normal operating procedures, a bar would be a commercial user and therefore would need to pay for the rights to play.

The last line of this intellectual property lawyer blog article states:
said:
The same principle that applies to live bands applies to professional disc jockeys. When a DJ is paid to play a music collection at a nightclub or a wedding, that performance must be licensed. The applicable license may be purchased by the individual disc jockey, the company or client that employs him, or the venue that hosts the performance.

Have you ever tried to get a license as a DJ? I would assume not - because a dj CANNOT be licensed - unless it is for a specific event in which case you are also the promoter (or similar). These organizations don't care who plays the music. They care about the financial generations from said performances. They can get much more from a venue then they would ever get from you. Additionally, policing venues is far easier than chasing musicians and entertainers.
 
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Why is it the venue's responsibility?

If I hire a contractor, or any expert, I'm hiring them to do a job - part of that job is to know the rules, laws, licenses, permits, etc needed to do the job.

A real estate agent needs a license, as does a barber, etc. Do you ask these folks to show you their licenses? Of course not.

So if you're hired as a DJ the venue assumes your gonna be legal, have all the necessary gear, skills, licenses, permits, knowledge to the job.

I've never asked a venue if they have the proper licenses for the music (or food or capacity of the hall,etc). Have you?

What about when you do a school dance? A wedding in a park? A party in a community hall? Car Cruise? I bet NONE of these venues have the proper licenses.

A friend has done a car cruise at a gun club...as a gun club member I know we don't have said license.

I've got a fathers day gig at a retirement home. Do they have a license? I bet not.

And from the pamphlet link above several of the cases mention the fined entity pleaded ignorance..and it didn't work.

As I've stated, if you can show me something that states DJs are exempt I'd like to see it. EVERYTHING I can find is the opposite. Anecdotes and hearsay are all I"ve ever found to say it's OK. I don't trust that, do you?

No, I've never asked. That's their problem. It's not my job to create problems. I suggest you call ASCAP and tell them you want to buy a license as a Dj.

If you can point to one case ever that a Dj or a band was found at fault because proper licensing wasn't obtained by the venue, I'll be glad to look at it. But I'm guessing you can't, because it's never happened because the companies make it very clear that is the venue that's responsible.

Why is it the venue's responsibility? I'm going to guess that they figured It'sgoing to be much easier to go after companies than trying to track down individuals to collect fees from. It's their material and they get to say how or why a license is obtained and who's responsible.


Funny, everything I've read from any of the companies that issue the licences says it's the venue that responsible. It said that years ago when my brother bought his first bar, they told me that when I bought a bar, and their website clearly says it today, just as Steve showed
 
You know how many people go over the speed limit each day and don't get a ticket? Lots. But if you do it enough times, eventually you'll get caught. If the gun club that's open to the public isn't advertising live music or a Dj, and only does it on occasion, they might never be caught.
It's the same for those venues that don't get the proper licensing. They might get away with it for a while, but eventually they will get caught. They will get a warning that says they need to pay. If they ignore it, the companies will be relentless in persuing the business into paying, including court action.
This will include video and audio evidence easily obtained at the venue
 
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Why is it the venue's responsibility?

If I hire a contractor, or any expert, I'm hiring them to do a job - part of that job is to know the rules, laws, licenses, permits, etc needed to do the job.

A real estate agent needs a license, as does a barber, etc. Do you ask these folks to show you their licenses? Of course not.

So if you're hired as a DJ the venue assumes your gonna be legal, have all the necessary gear, skills, licenses, permits, knowledge to the job.

I've never asked a venue if they have the proper licenses for the music (or food or capacity of the hall,etc). Have you?

What about when you do a school dance? A wedding in a park? A party in a community hall? Car Cruise? I bet NONE of these venues have the proper licenses.

A friend has done a car cruise at a gun club...as a gun club member I know we don't have said license.

I've got a fathers day gig at a retirement home. Do they have a license? I bet not.

And from the pamphlet link above several of the cases mention the fined entity pleaded ignorance..and it didn't work.

As I've stated, if you can show me something that states DJs are exempt I'd like to see it. EVERYTHING I can find is the opposite. Anecdotes and hearsay are all I"ve ever found to say it's OK. I don't trust that, do you?

All you're illustrating here is that everyone doesn't follow the rules. Do you always obey the speed limit? Do you obey every single law, requirement or rule for everything you do? Some people don't know the rule, law or requirement of something - and some don't care. I've met many bar owners that did not know they needed licenses and did comply once it was explained. I've also met some that simply didn't care even after it was explained.
 
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I ... But if a DJ can put on a 5-6 minute pre-mixed medley to go to the bathroom, the same thing can be done if they want pictures or images...

LOL... I can only think of just one time I had to use the restroom during a performance.[emoji1]... Pulled up my emergency playlist and put it on cruiser mode, but actually got back before the second song started. I doubt if it was very obvious to the guests.[emoji4]
 
And from the pamphlet link above several of the cases mention the fined entity pleaded ignorance..and it didn't work.

As I've stated, if you can show me something that states DJs are exempt I'd like to see it. EVERYTHING I can find is the opposite. Anecdotes and hearsay are all I"ve ever found to say it's OK. I don't trust that, do you?

You can't plead ignorance here either.

Scott was right - you don't really care to learn anything about Copyright issues, you care only about making this all about you.
It's not about you. You're not special and there's no membership license the music industry is going to hand you.
You're just the DJ - deal with it.
 
Scott & I are on the same thought train. :)

Scary .. when does it derail?

Steve gets on the train and then jumps off .. and then back on, then off, etc. I think he has CDO (OCD in the proper order).
 
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We don't ask a barber for his license because we expect that whatever government agency that controls that is making sure he's licensed. It's not our business so we don't really care. It's probably displayed somewhere. I'm not totally sure why anyone needs a license to cut the few hairs I have left. Only so much damage he could do. But whatever.

Kind of why I don't ask a venue if they are licensed. Not my business so I don't really care. I concern myself with what I can and need to control.
 
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Here you go, for all you one armed wallpaper hangers, a Beta release of -
VIRTUAL DJ SOFTWARE - What's new in VirtualDJ 2018

"Virtual DJ 2018 has just been announced by Atomix Productions, the creator of Virtual DJ. Currently in beta, it adds “videoskins” for video DJing which are visuals that interact with songs you’re playing as well as performance functions that you’re using such as loops and effects. You can also use motion graphics known as “shaders” to generate visualisations while you spin. Live streaming also comes baked into Virtual DJ 2018, giving you the ability to stream straight to Facebook, YouTube, Twitch and Periscope. You’re also now able to control DMX lights from within Virtual DJ 2018 thanks to its compatibility with the OS2L lighting protocol."
 
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One feature about Spotify...the ability to fade between tracks. Me thinks that was put in to make it more tempting to use it for events.

Just thinkin...
 
One feature about Spotify...the ability to fade between tracks. Me thinks that was put in to make it more tempting to use it for events.

Just thinkin...
backyard parties, friends over at the house, etc. .. even non-DJs can see the benefit.
 
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My (former) jewish DJ friend used spotify on mitzvahs during the time right after arrival. He'd let it cruise then pick it up once it was dance time. It's surprisingly effective and yes, you should be scared. It's only going to continue to improve with time.
 
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Me thinks it may soon be time for me to fully retire. They still need to know the music to be truly effective; like when a person comes up during a song a requests one that is close to the same time period. Ya gotta know your music.
 
Found this pamphlet - has the most detailed info I've seen yet.
Apparently a wedding would be considered non-public...a bar? nope.

https://www.sesac.com/media/pdf/lic/sesac12_copyrightlaw.pdf

It quotes specific court cases in plain english...some of what we would not think twice about are there...non profit events (you got paid? oops it would seem), bar charges admission but only has a jukebox license, and more.
Even a record store because not enough of their revenue was from selling music.

One detail mentioned - courts will find a person liable if they have a direct financial benefit from the infringement - so you got paid? yep, you can be held liable.

The last line of this intellectual property lawyer blog article states:


When is a ‘Private’ Music Performance Actually Public? | Panitch Schwarze Belisario & Nadel LLP

There is some serious misinformation in what you have posted and I think it more likely that the errors originate in your personal interpretation of what was posted in the blog rather than errors within the blog itself.