Stacey,

This was the subject of a Midwest Open Air Museums Coordinating Council conference about a year ago. The keynote speaker discussed the need for licensing and this very subject about being contacted by both ASCAP and BMI. One point to mention is if your site uses music in programming, look for performers and music that is in the public domain. i.e. is no longer under copyright. (This is not as hard as it might seem as there are many websites that list public domain songs- a quick Google search should turn this up. A good rule of thumb to start with is that any music written or created prior to January 1, 1923, or 95 years prior to the current year, is a safe bet to now be in the public domain. A little digging on the internet for a specific song in question can also often reveal a publication date.)

Anyway, ASCAP and BMI are effectively collections agencies, and so they are looking for fees on music used that THEY hold the rights to. (And each organization holds the rights to DIFFERENT songs so, for example, if a license is purchased from BMI it will only cover the songs owned by BMI.) These organizations are representing artists, and registered music and therefore are searching for uses of music that they hold rights too. If you are not using their music, there is no need to buy their license.

Additionally, it will also depend on what your institution will use the music for, and if there is non-public domain music being used. This returns to the idea of making sure to discuss what sort of music will be performed in programming at your site or museum. If you are simply sampling things in your gift shop, and don't use any music in your programming, you should have no need to purchase the license. If, on the other hand, you want to use a Carter Family recording, or a Benny Goodman recording in an exhibit, you would need the license.

I believe there has been other things written on this by AAM and also on the MOMCC website www.aam-us.org<http://www.aam-us.org/> and www.momcc.org<http://www.momcc.org/> respectively.

Good luck!

Dan Schoeneberg
Experience Research Manager
Conner Prairie Museum







________________________________
From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Stacey
Sent: Wednesday, December 03, 2008 2:29 PM
To: [log in to unmask]
Subject: Hounded by ASCAP

Hi, all

I did look at the Museum-L archives and found a few postings about some upcoming webinars or workshops about music licensing that I think occurred over the summer and I'm wondering if the results or summaries of them exist anywhere or if anyone that might have attended can share?

Since about 3 or so months ago we've been hounded by ASCAP who is becoming increasingly insistent that we sign up for their museum music licensing agreement, which will cost us over $700 annually. I'm getting mailings, emails and phone messages.  I'm not aware that we are violating any music/copyright laws, nor have they complained about any particular violation.  The music we play in the store is strictly limited to CD's that we sell, which I understand is perfectly legit.  We have permission to play whatever videos we have in our galleries or, if we have the occasional live performance, we then pay the appropriate fees to the performer.

I also understand that BMI has done this to some museums...so what's to prevent another agency from insisting that we sign up with them?  We can't afford these annual fees...and I'm loathe to sign up once, because I feel at that point I've obligated us to annual fees forever...

Thoughts?  Materials to share?

Stacey Otte
Executive Director
Catalina Island Museum
History's never been this much fun!

http://www.CatalinaMuseum.org<http://www.catalinamuseum.org/>

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