What about playing a radio station? Is there fee/restriction on that? From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of David Harvey Sent: Wednesday, February 03, 2010 5:12 PM To: [log in to unmask] Subject: Re: [MUSEUM-L] Frustrating experience with BMI Hi Jerrie, This has been an unfortunately typical type of contact by BMI in recent years. BMI is a music licensing firm that recovers royalty payments for songwriters and composers who are registered with them. Just because you have live music does not mean that you owe them money. BMI tries to shake down venues for a blanket licence for live performance of music regardless of the songs or even if they represent those songs. The important thing is that the music / songs have to be covered under current copyright - which is usually the life of the artist / creator plus 70 years. If traditional songs are being performed then they are in the public domain and BMI has no right to ask for anything. If there are original songs being performed by the songwriter(s) and they are not registered with BMI, then BMI has no right to ask for payment. (the songs could be unregistered and unpublished leaving it to the permission of the artist only or they could also be with another performing rights organization such as ASCAP). Now - if musicians are performing covers of songs and those songs are covered under copyright then yes, you may be liable to a performing rights organization for a license fee. Just because you are a non-profit does not remove you from this if you use music under current copyright for special event live performances. It would be best practice for you to keep a log of the artists - what songs they sing - and if they are original songs written by the artist or traditional. In order to recover any money from you BMI would have to prove that you are using songs that are registered with them and are covered under a current copyright. i understand that this became such a widespread problem that the AAM has a FAQ posted on the issue. I hope this helps! Dave PS - I have worked with songwriters and musicians for years and volunteer for the one of largest non-profit songwriter membership organization in the world (www.songsalive.org) David Harvey Senior Conservator and Musemu Consultant Los Angeles, CA On Wed, Feb 3, 2010 at 1:46 PM, Jerrie Clarke <[log in to unmask]> wrote: Hello all, A few weeks when I was very busy a representative from BMI called and asked if we ever played music in the museum. I told him that we do a monthly recital featuring local musicians. I can't remember if I told him anything else. I received a bill for a license but recalled the discussion last spring and didn't respond because we don't play music with our exhibits or special events. This morning he called to remind me that I had to pay. He also said that even though we allow local musicians for whom music is a hobby not a livelihood, we have to buy a license whose minimum fee is $327. I looked in the Archive to see all that had been discussed last spring. Dave Harvey was trying to put together a panel for AAM. Did it happen? Were any solutions to the harassement or making it affordable for small budgeted local museums? I understand the need for copyright and protection of musicians, writers, filmmakers, etc. However, if a local musician comes to the museum and plays for 1/2 hour for about 20 people, $327 or more seems a bit much. I asked him if he was going to send my musician who is singing his own songs a check and he ignored the question. Any new news? Jerrie Jerrie Clarke Director Sheldon Museum PO Box 269 Haines, AK 99827 (907) 766-2366 fax: (907) 766-2368 www.sheldonmuseum.org ========================================================= 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). ========================================================= 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). ========================================================= 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).