I'll clarify and say that we have pretty comprehensive ASCAP/Bmi license that our municipal attorneys say covers any activity in the space. Frankly - I have never heard of such a broad license existing. While I am no attorney, I would think that a statement signed by a client that says "my signature indicates I have obtained all meccessary copyrights and public performance permissions meccessary for any performer that occurs as part of my rental. If it was up to me I would require they file a copy if their ASCAP/Bmi and for theater public performance rights. Lee - do you have more information on what the attorneys said the level of due diligence should be on the part of the venues?
Some of this works into understanding which rules you are supposed to follow in what situation. I am not an expert in this by any means. Just relaying info as I have understood it. They basically indicated that it was often a case by case basis but, in the case of a studio since they are the ones doing the actual recording they would be liable in most cases even if a client had signed a document saying that the client understood that the client needed to obtain the pertinent permissions. In a live situation it is usually up to the venue to have a blanket license for public performance or reproduction. It is still against copyright law to have unlicensed copies on your machines and if your machines are for commercial use then single/private use licenses would not qualify. Also for playback you are liable for mechanicals other than copyright. Technically it's not even legal to use prerecorded tracks, without permission, for tuning a system but no one has ever taken prosecution that far. Lee
Uh...I'm not a lawyer, plus copyright law has changed since I worked in broadcast radio back in another century...But a studio? If there was some attempt by the producer to defraud copyright holders on a cover, perhaps. I mean if Van Halen never paid Roy Orbison's publisher the statutory, compulsory royalty for recording and selling a new version of "Pretty Woman", I suppose Acuff-Rose would lawyer up and sue anyone and everyone connected with it. Perhaps I'm missing something, but a recording studio getting sued or prosecuted for recording legitimate covers ain't gonna happen in all practicality.The rights you attain, as a purchaser of a sound recording, are the rights of private use and enjoyment. Part of that is the right to make a copy and give to a friend or family member, or to have a redundant copy in your vehicle as well as your home. So long as you are not giving away or performing 'the work' for strangers or outside a private social situation, you're probably okay. What you don't get is the right to "public performance" or to commercially exploit the creative content contained within, or the recording itself.What constitutes "public performance" is pretty broad but well defined. For example a restaurant dishwasher can have a radio playing if he or those working with him are the audience, but if the customers in the dining room can hear it, it's considered public performance. Last time I looked at the ASCAP website they had several other examples of inadvertent public performance. In the case of "test" music, I think in most licensed venues it wouldn't matter. The venue or client compulsory license should cover this use. It's not that you personal copy cannot be used, but that the royalties for public use are paid by separate license that is not conveyed at retail purchase.Try a search for "Brad Weber" and "copyright". I recall he was familiar with this...
Simply put outside of personal use using these streaming services is against their terms and is illegal. You should sign up for a DJ pool site, they are not that expensive and you get a lot for what you pay. this is what we use for intermission/walkin music.
<snip> I've begun only playing background music from locals whom I have direct permission to play.
If I recall correctly in many cases it has to do with the music being played back through more than a given number of speakers. There are other qualifiers but the big ones were playback, through how many speakers.
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