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 Subject Matter and Scope of Copyright The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.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