I am not a copyright attorney.
 
I really don't think that they can charge you to pay for the music in your office if it is YOUR office and you aren't sharing an office with other people and playing the music out loud.  If you are sharing an office and listening on your headphones they can't charge you.  Just because the public can walk into your office doesn't mean that you are using it for public purposes.
 
It is my understanding that BMI can really only charge you for music that you use from artists that are signed up with them.  I have heard that they have claimed to represent, and collected money on behalf, of artists that aren't signed up with them and those artists never get the money that BMI has supposedly collected on their behalf, because those artists aren't signed up with them. 
 
I would suggest trying to find music that is in the public domain or cutting a deal directly with the artist.  Perhaps find some local artists who can make you music that sounds period appropriate and as an extra "thank you" you can sell their CDs in your gift shop.  I always think it is nice for museums to support their local artists.  
 
You can also check with independent record labels and make deals directly with them for specific cds, artist etc.  I know that magnatune.com, Ioda Promonet, and the Podsafe Music Network have agreements set-up so that podcasters can use music from their artists for free as long as they give credit in the correct manner that is provided to the podcaster.  It may be worth your time to contact these labels and see if you can get their permission to use the music in your exhibit as long as you put a label up, perhaps at the door, giving credit to the artist and record label. 
 
Unfortunately in these circumstances there is nothing to keep them from trying to sue you over it and you may end up going to court to prove your innocence.You might can check with other licensing agencies like ASCAP and see if they can help you get a license that you can more readily afford and at least treat you in a nicer manner.
 
 


Date: Thu, 8 Nov 2007 16:27:00 -0800From: [log in to unmask]: Fee for playing CD?To: [log in to unmask]



I would like to hear from other small museums about paying a fee to BMI (Broadcast Music, Inc) for playing a CD as background to an exhibit. I bring CDs in from home, some played as background "mood" for a period room, others in my office to keep me company. BMI claims that because the public has access to both the exhibits and my office, I have to pay them $350 each year to play my CDs. Well, close the door and I'll tell you what I think of that.  But in order to get the name of our obscure, remote, rural museum, they must have photocopied the pages of museum directories everywhere, so someone has probably dealt with this issue?
 
Micki Ryan, DirectorOrcas Island Historical MuseumPOB 134, Eastsound WA 98245360 376-4849  [log in to unmask] Important Subscriber Information: 
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