Hi,

One last observation here.

Groups like BMI and ASCAP are essentially clearning houses for the
collection of licensing fees for music publishers, music companies,
and artists who hold copyright. So live music is perfectly OK as long
as long as it is original and is owned by the artist or in the public
domain. If a musician or band covers other music whose rights are
still active, then yes, fees or a legal waiver is needed for any
public performance. So, if you have a local musician or band who
performs their own stuff, then BMI and ASCAP have no claim at all.

They well may have a waiver process where an institution such as a
small non-profit museum can apply - especially if there is no direct
fee to attend the performance but it is done as a way on enhancing
your visitor experience.

In the past year I spent evenings producing and directing live music
webcasts and the venue's policy was that only original music could be
performed because ot the BMI, ASCAP situation. I also gained artist
permissions (one artist is an Emmy winner, another has gold and
platinum songs) to post video clips of the their songs as well as to
generate a DVD in the future to benefit the small non-profit venue
where it was produced - and none of that had to go through BMI or
ASCAP.

Cheers!
Dave

David Harvey
Conservator
Los Angeles, CA

On 11/15/07, David Lewias <[log in to unmask]> wrote:
>
>  Not wanting to beat a dead horse, but this was posted on the AASLH's Small
> Museums list and I though it would be relevant to repost it here.  And so
> the discussion continues. . . .
>
>   - David -
>  David Lewis
>  Aurora Regional Fire Museum
>
>  ----------------------------------------------------------------------
>  Forwarded with permission of [log in to unmask]
>
>  Subject: [AASLH-SmallMuseums] BMI...AGAIN
>  A guy just called me asking the questions as part of a "survey" to see if
> we perform live music.  I told him that indeed in past we have performed
> music but due to recent circumstances we are being forced to go silent.
> Upon which I asked if he represented BMI and he replied truthfully that he
> did.  We had an interesting, polite, conversation we me reading from the AAM
> copyright information to which he said he would report back to his
> supervisor and inquire with him further and get back with me.
>
>  Talking about the performance of music we got into a befuddled thing
> regarding if the money gathered from a public performance went to a
> non-profit third party the performance would be exempt but if we kept the
> money as a benefit for ourselves it it would not.  So I asked if another org
> held the benefit and gave us the money if we were then exempt from such
> things....he was unsure.  It was an interesting conversation.  He was polite
> and tried to answer as best as he knew but it wasn't coming out right and we
> were not on even ground.
>
>  I asked about the .06 cents a head attendance number vs the minimum $300+
> dollars which he said was we would have to pay the higher of the two numbers
> and I replied that our annual attendance is under 10,000 and should be about
> $60 on that scale.  Our org has been in existence for the past 77 years and
> it would take all of those 77 years attendance numbers to equal the amount
> of the minimum $300 they require annually.
>
>  I asked about that part with the home radio system thing and he said that
> applied only to small businesses in so many square feet (Like 2,000 sq ft)
> with fewer than 7 speakers as an exemption from BMI requirements...which I
> found very odd.
>
>  I did tell him that if the company was smart they would harness museums as
> a means of public education and free advertising for new consumers.
>
>  It is easier for us to go silent.  It is the public that will lose out.  I
> can't imagine that they would be this desperate to reel in such a fish as
> us....they've already expended their $300 on just getting us to sign up.  I
> don't suppose we could charge them for advertising or require that they be a
> member for us to do business with them:-)
>
>  I'm starting to feel pressured here.
>
>  Wes Anderson
>  [log in to unmask]
>
>  ________________________________
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