The article contains a significant error.
There is no requirement to buy a performing rights license for music if the music is not registered with that specific PRO organization such as BMI, ASCAP, and SEASAC here in the USA.
In order to be covered under a license a song must be under current copyright and it must be registered to that performing rights organization.
I have been putting on a monthly music showcase here in Los Angeles for years and I work with many songwriters. The small venue where I put on the showcase has been getting the letters and threats from BMI and ASCAP for years. Those music licensing organizations go after the owner of the venue, not the musicians. So the venue's policy is that they allow original songs, written by one of the performers, and traditional songs that are in the public domain - no cover songs.
The PRO's will mislead and misrepresent that you are required to pay them each year for ALL music, regardless if it is registered with them. If they did take a case to court it would only have standing if they can prove that a specific song performed on a specific date is under current copyright and it is registered with them, instead of one of the other PRO's.
So - the solution to this, if you do not want to pay the fee, is to support independent local songwriters and music. Make sure it is their music or traditional. Keep a log of who plays and their playlist.
There are many talented songwriters out there who would love to have their music featured by a museum or library. I use all original music in the podcasts I produce with full permission from the artists. They love getting their music heard by new audiences.
If any of you are looking for original music / performers then feel free to contact me and I would be happy to help you connect with artists.
When you get the aggressive letters or if someone visits you can just smile and tell them to go somewhere else.
Cheers!
Dave
David Harvey
Senior Conservator and Museum Consultant
Los Angeles, CA
MindingTheMuseum.com
On Wed, Jun 9, 2010 at 9:54 AM, Martha Katz-Hyman
<[log in to unmask]> wrote:
There have been a lot of discussions over the past months regarding ASCAP, BMI and SESAC contacting museums and historical societies regarding licenses to play music.
The following article from today's Boston Globe describes how they're also going to small coffeehouses at churches, libraries, etc., for the same reason.
http://www.boston.com/ae/music/articles/2010/06/09/pay_to_play/?page=full
Martha Katz-Hyman
=========================================================
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).