Subject: Re: PUPT: Re: music rights?
Date: Thu, 10 Oct 2002 23:43:32 -0500




You do not have to keep track of what is played you pay a set fee that depends on your type of venue. And how many shows you put on in a year. I am not a lawyer but have researched this a lot on my own and with groups on at least four differant list and they always end up finding out the same thing. It is the venues that have to cover the permits.


>From the ASCAP SITE

How much will it cost to obtain an ASCAP license to perform music? 
The annual rate depends on the type of business. Generally, rates are based on the manner in which music is performed (live, recorded or audio only or audio/visual) and the size of the establishment or potential audience for the music. For example, rates for restaurants, nightclubs, bars and similar establishments depend on whether the music is live or recorded, whether it's audio only or audio visual, the seating capacity of the bar or restaurant, the number of nights per week music is offered, the number of musicians, whether admission is charged and several other factors.


Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform? 
Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.
Dave

----- Original Message -----
From: Karen Larsen
Sent: Thursday, October 10, 2002 11:17 PM
To: puptcrit-AT-lists.village.virginia.edu
Subject: Re: PUPT: Re: music rights?

I believe Dave is being a bit simplistic about this issue.  If the puppeteer is paid for their work and they have used someone's copyrighted music in a show, they are responsible to procure rights.  Sometimes that involves a fee, and sometimes it doesn't.  

Performing a full show in theatres and schools is very much different from a singer-songwriter singing a Dylan tune in a bar that has a blanket license for such music. If that same singer-songwriter decides to record that Dylan tune on a CD (for which they get paid per unit), then they are liable for giving Mr. Zimmerman his due fees.

In our theatre, we present over 300 performances per year by about 75-100 companies.  Are you suggesting that it is our responsibility to research which music is used by each of those performers and pay their fees for such usage?  I think not. We pay a fee to the performers, and they are responsible for their own research and legalities.

There may well be some leeway for those who do not get paid for their performances, but even then it is a courtesy to the artist to request permission.  How would you feel if an imitator decided to "borrow" an idea or design of yours without appropriate credit or compensation?

Karen Larsen
Artistic Director
Puppet Showplace TheatreGet more from the Web.  FREE MSN Explorer download : http://explorer.msn.com

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The annual rate depends on the type of business. Generally, rates are based on the manner in which music is performed (live, recorded or audio only or audio/visual) and the size of the establishment or potential audience for the music. For example, rates for restaurants, nightclubs, bars and similar establishments depend on whether the music is live or recorded, whether it's audio only or audio visual, the seating capacity of the bar or restaurant, the number of nights per week music is offered, the number of musicians, whether admission is charged and several other factors.

 

1. Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform?
1. Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.

Dave

----- Original Message -----

From: Karen Larsen

Sent: Thursday, October 10, 2002 11:17 PM

To: puptcrit-AT-lists.village.virginia.edu

Subject: Re: PUPT: Re: music rights?

 

I believe Dave is being a bit simplistic about this issue.  If the puppeteer is paid for their work and they have used someone's copyrighted music in a show, they are responsible to procure rights.  Sometimes that involves a fee, and sometimes it doesn't.  

Performing a full show in theatres and schools is very much different from a singer-songwriter singing a Dylan tune in a bar that has a blanket license for such music. If that same singer-songwriter decides to record that Dylan tune on a CD (for which they get paid per unit), then they are liable for giving Mr. Zimmerman his due fees.

In our theatre, we present over 300 performances per year by about 75-100 companies.  Are you suggesting that it is our responsibility to research which music is used by each of those performers and pay their fees for such usage?  I think not. We pay a fee to the performers, and they are responsible for their own research and legalities.

There may well be some leeway for those who do not get paid for their performances, but even then it is a courtesy to the artist to request permission.  How would you feel if an imitator decided to "borrow" an idea or design of yours without appropriate credit or compensation?

Karen Larsen
Artistic Director
Puppet Showplace Theatre