Download title17 here
http://www.copyright.gov/title17/

Read starting on the lower part of page 18 sec 107 and sec 108.   I
think you can basically tell BMI to go shove it.   Unless of coures
your musuem is not an educational institution and for profit.    I am
pasting sec 107 sec 108 is long and is about libraries.


18 Copyright Law of the United States
§ 107 · Limitations on exclusive rights: Fair use³⁸
Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copy-
righted work, including such use by reproduction in copies or phonorecords or
by any other means specified by that section, for purposes such as
criticism, com-
ment, news reporting, teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In determining
whether the use made of a work in any particular case is a fair use the factors
to be considered shall include—
(1) the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copy-
righted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copy-
righted work.

Subject Matter and Scope of Copyright
The fact that a work is unpublished shall not itself bar a finding of
fair use if
such finding is made upon consideration of all the above factors.
§ 108

On Nov 11, 2007 9:27 AM, Pamela Silvestri <[log in to unmask]> wrote:
>
>
>
> Hi Micki,
>
> Besides BMI...I know someone else mentioned ASCAP, and there's also SESAC
> -are the major music recording licensing, performance rights organizations.
> Also, it's important to know that even Indie record labels can have a
> licensing agreement with one of these. You can find the licensing co. name
> right on your CD and cover.
>
> I must mention that a non-profit organization should not have to pay fees!
> I'm not 100% certain of this and things can change of course. It's been over
> a decade ago now, but I had the opportunity to meet and talk to.. and I
> asked the then-President of BMI, Bobby Weinstein (who was also inducted into
> the Songwriter's Hall of Fame this year) about this. I would ask the BMI
> field agent to send you their written policy regarding non-profits.
>
> I really think the BMI rep is bullying you to pay these fees and recommend
> that you send BMI proof of your non-profit status. In retail stores, bars,
> restaurants and other money-making establishments..the music is used for
> profit making purposes.
>
> If a museum gift shop is selling musical recordings other than what's being
> played in the galleries...as a recording artist and/or songwriter, I'd have
> a problem with that.
>
> Another thing you could do is contact the recording artist and/or songwriter
> and ask permission (if even as a courtesy) to play the music. Most would
> probably not have issue with this because they want their music to be heard,
> and perhaps would feel that people may be encouraged to purchase their music
> (if even you don't sell it there).
>
> Pam
>
>
> In a message dated 11/8/2007 9:45:30 P.M. Eastern Standard Time,
> [log in to unmask] writes:
>
> 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, Director
> Orcas Island Historical Museum
> POB 134, Eastsound WA 98245
> 360 376-4849  [log in to unmask]
>
>
>
>
> ________________________________
> See what's new at AOL.com and Make AOL Your Homepage.
>
>  ========================================================= Important
> Subscriber Information:
>
>  The Museum-L FAQ file is located at
> http://www.finalchapter.com/museum-l-faq/ . You may obtain detailed
> information about the listserv commands by sending a one line e-mail message
> to [log in to unmask] . The body of the message should read "help"
> (without the quotes).
>
>  If you decide to leave Museum-L, please send a one line e-mail message to
> [log in to unmask] . The body of the message should read "Signoff
> Museum-L" (without the quotes).



-- 
Randy S. Little
http://reel.rslittle.com
http://www.linkedin.com/in/rslittle