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garfield

Justice Dep't Reviewing Music Licensing Decrees

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Oh no, I wouldn't take anything here as gospel. Was just curious how people here think this will all affect our activity eventually. Thanks for your input. 

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And this about "collective licensing" (as opposed to the specifics these decrees seek)...

"Consolidation of the music industry, allowed in part because of the decrees, makes them even more necessary to keep prices reasonable and “address the inherent anti-competitive harm of collective licensing,” it said."  (emphasis mine)

 

 

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Don't forget SESAC.   

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17 hours ago, combia1 said:

Pretty sure this is only talking about the blanket license fees that venues like bars, restaurants, and other organizations pay to play music in their venues. When you go to sporting event and they are playing music on the PA system, or you go to a bar and their is music playing, or you go to the mall and hear music, or pretty much any public or private space and you hear music, then that venue has paid an annual fee (blanket license) to play that music. This is totally different than the Permission to Arrange and the Sync License copyright issues that DCI, BOA, and WGI have to contend with.

And all of those are totally different from the issues regarding "derivative works" that make every step of the process ten times more difficult for marching arts groups.

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5 minutes ago, contrascout said:

Don't forget SESAC.   

Owned by the largest Private Equity firm in the world, responsible for growing companies like Hilton Worldwide, Merlin Entertainment, Republic Services, AlliedBarton and spitting them out as IPOs when they've met their valuation targets (TVLP).  If SESAC can raise fees and penetrate their market via US composers, you can be sure they will.

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2 hours ago, garfield said:

I see a venue-responsibility to pay licensing fees as a significant new cost to the activity even if arrangements can be made to collect it via the corps.  School venues have strong lawyers who are very sensitive to who uses their facilities.

A black eye for the activity a year ago, and now new costs and legal oversight to assure compliance with payment requirements...  The activity doesn't need another reason for school admins to say "No" to over-excited band directors hoping to host a show.

Wow... none of this sounds good.

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Here are a couple of questions for all, but especially for Gar.

1) If a band or a group of bands (rock, punk, country, marching bands, no matter the genera) perform at scholastic stadiums; and each concert venue is secured, as well as promoted, by local people, and money is exchanged at the venues which benifit both the bands and the local promotors; who should pay the fee to hold a performance at each venue?

2) Since scholastic stadiums do hold public paying events in which Copyrighted music is played, shouldn't they fall under the same venue performance fees as bars, clubs, etc which are also venues holding live music events?

Edited by Stu

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1 hour ago, Stu said:

Here are a couple of questions for all, but especially for Gar.

1) If a band or a group of bands (rock, punk, country, marching bands, no matter the genera) perform at scholastic stadiums; and each concert venue is secured, as well as promoted, by local people, and money is exchanged at the venues which benifit both the bands and the local promotors; who should pay the fee to hold a performance at each venue?

2) Since scholastic stadiums do hold public paying events in which Copyrighted music is played, shouldn't they fall under the same venue performance fees as bars, clubs, etc which are also venues holding live music events?

Item #2:  A performing ensemble doing their own arrangement of a copyrighted work needs permission to arrange which might involve a fee and permission to perform which also might involve a fee. (Ignoring that can of worms called sync rights if the performance is recorded/broadcast).  It seems to me (not a lawyer), they are covered just like they have been in the past. I'm not aware of the venue needing ASCAP/BMI permission to put on the performance.

But, I could be wrong. 

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Well, my feeble old mind is more confused than ever on all of this, so I'll just let things fall where they do and just be thankful I have music to listen before some bureaucrat comes along and fines me for whistling Zippety Doo Dah without a license. 

  • Haha 1

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4 hours ago, CrownBariDad said:

Item #2:  A performing ensemble doing their own arrangement of a copyrighted work needs permission to arrange which might involve a fee and permission to perform which also might involve a fee. (Ignoring that can of worms called sync rights if the performance is recorded/broadcast).  It seems to me (not a lawyer), they are covered just like they have been in the past. I'm not aware of the venue needing ASCAP/BMI permission to put on the performance.

But, I could be wrong. 

While I make no legal claims, I am someone who has done this professionally for many years. Not only in marching arts, but in clubs with rock, country, and jazz groups.

If there is a custom arrangement produced and distributed, the person in charge of the performing ensemble is responsible to seek permission to arrange from the Copyright Holder and pay any permission fees. However, if published sheet music is purchased and used without alteration, or a rock band does a cover from ear, no extra fee applies. But what about perfomamce?

Public performances of Copyrighted music at live music venues, with limited exceptions, do require performance payment. However, it is the responsibility of the venue owner or show promoter, not the performing ensemble, to obtain a public performance license and pay any required licensing fees.

Typically, venue owners of bars, clubs, stadiums, etc. obtain blanket licenses from the performing rights organizations (ASCAP, BMI, etc) so as to have the permission to produce musical performances of covers like rock, country, jazz, etc. at their venues. So, I tell my music clients to make sure that either the venue owner or show promoter has secured the performing license and paid the applicable fee or to not perform at that venue. Most bars, clubs, etc. will have it framed on the wall. And of course DCI, BOA, and WGI do secure the performance rights for their sanctioned events. However...

Many times local high schools who put on local contests promoted by their band boosters do not secure the proper performance liscensing; even though they are supposed to secure that performance permission. My gut tells me they are so insignificant to the liscinsing entities it would be futile for the Copyright investigators to research, but again I am not an attorney. Nevertheless...

I have worked with school marching bands engaging with BOA and WGI who have secured their own performance permission just for the set number of local contests they will attend.

Edited by Stu

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