The article contains a significant error.

There is no requirement to buy a performing rights license for music if the
music is not registered with that specific PRO organization such as BMI,
ASCAP, and SEASAC here in the USA.

In order to be covered under a license a song must be under current
copyright and it must be registered to that performing rights organization.

I have been putting on a monthly music showcase here in Los Angeles for
years and I work with many songwriters. The small venue where I put on the
showcase has been getting the letters and threats from BMI and ASCAP for
years. Those music licensing organizations go after the owner of the venue,
not the musicians. So the venue's policy is that they allow original songs,
written by one of the performers, and traditional songs that are in the
public domain - no cover songs.

The PRO's will mislead and misrepresent that you are required to pay them
each year for ALL music, regardless if it is registered with them. If they
did take a case to court it would only have standing if they can prove that
a specific song performed on a specific date is under current copyright and
it is registered with them, instead of one of the other PRO's.

So - the solution to this, if you do not want to pay the fee, is to support
independent local songwriters and music. Make sure it is their music or
traditional. Keep a log of who plays and their playlist.

There are many talented songwriters out there who would love to have their
music featured by a museum or library. I use all original music in the
podcasts I produce with full permission from the artists. They love getting
their music heard by new audiences.

If any of you are looking for original music / performers then feel free to
contact me and I would be happy to help you connect with artists.

When you get the aggressive letters or if someone visits you can just smile
and tell them to go somewhere else.

Cheers!
Dave

David Harvey
Senior Conservator and Museum Consultant
Los Angeles, CA
MindingTheMuseum.com

On Wed, Jun 9, 2010 at 9:54 AM, Martha Katz-Hyman <
[log in to unmask]> wrote:

> There have been a lot of discussions over the past months regarding ASCAP,
> BMI and SESAC contacting museums and historical societies regarding licenses
> to play music.
>
> The following article from today's Boston Globe describes how they're also
> going to small coffeehouses at churches, libraries, etc., for the same
> reason.
>
> http://www.boston.com/ae/music/articles/2010/06/09/pay_to_play/?page=full
>
> Martha Katz-Hyman
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