Stacey,
This was the subject of a Midwest Open Air
Museums Coordinating Council conference about a year ago. The keynote speaker
discussed the need for licensing and this very subject about being contacted by
both ASCAP and BMI. One point to mention is if your site uses music in
programming, look for performers and music that is in the public domain. i.e.
is no longer under copyright. (This is not as hard as it might seem as there
are many websites that list public domain songs- a quick Google search should
turn this up. A good rule of thumb to start with is that any music
written or created prior to January 1, 1923, or 95 years prior to the current
year, is a safe bet to now be in the public domain. A little digging on the
internet for a specific song in question can also often reveal a publication
date.)
Anyway, ASCAP and BMI are effectively collections
agencies, and so they are looking for fees on music used that THEY hold the
rights to. (And each organization holds the rights to DIFFERENT songs so, for
example, if a license is purchased from BMI it will only cover the songs owned
by BMI.) These organizations are representing artists, and registered music and
therefore are searching for uses of music that they hold rights too. If you are
not using their music, there is no need to buy their license.
Additionally, it will also depend on what
your institution will use the music for, and if there is non-public domain
music being used. This returns to the idea of making sure to discuss what sort
of music will be performed in programming at your site or museum. If you are simply
sampling things in your gift shop, and don’t use any music in your
programming, you should have no need to purchase the license. If, on the other
hand, you want to use a Carter Family recording, or a Benny Goodman recording
in an exhibit, you would need the license.
I believe there has been other things
written on this by AAM and also on the MOMCC website www.aam-us.org and www.momcc.org respectively.
Good luck!
Dan Schoeneberg
Experience Research Manager
From:
Sent: Wednesday, December 03, 2008
2:29 PM
To: [log in to unmask]
Subject: Hounded by ASCAP
Hi, all
I did look at the Museum-L archives and found a few postings
about some upcoming webinars or workshops about music licensing that I think
occurred over the summer and I'm wondering if the results or summaries of them
exist anywhere or if anyone that might have attended can share?
Since about 3 or so months ago we've been hounded by
ASCAP who is becoming increasingly insistent that we sign up for their museum
music licensing agreement, which will cost us over $700 annually. I'm
getting mailings, emails and phone messages. I'm not aware that we are
violating any music/copyright laws, nor have they complained about any
particular violation. The music we play in the store is strictly limited
to CD's that we sell, which I understand is perfectly legit. We have
permission to play whatever videos we have in our galleries or, if we have the
occasional live performance, we then pay the appropriate fees to the performer.
I also understand that BMI has done this to some
museums...so what's to prevent another agency from insisting that we sign up
with them? We can't afford these annual fees...and I'm loathe to sign up
once, because I feel at that point I've obligated us to annual fees forever...
Thoughts? Materials to share?
Stacey Otte
Executive Director
History's never been this much fun!
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