legality spinoff

[D McCartney]

Reproduction of proprietary copyrighted material without permission of the copyright holder is theft and a violation of copyright law. You don't have to be a lawyer to figure that out.

This was posted in another thread, and seem accurate. So, when you play copyright material on a gig, do you pay royalties?
It seems to me that you are reproducing the material when you play it, and are supposed to pay for it. I suspect that not very many do, though. If it is a high profile gig, such as nationwide tv, then maybe.
But how in the heck do you pay royalties when you play stump the band, or take requests? You can't even remember all the songs you played.
I really would like to hear if someone does pay royalties for music on a gig.
Dwight

[Ed Fuqua]

Generally the rights performance agencies (BMI, ASCAP, SESAC) collect performance royalties from VENUES, not from musicians. But this goes to recorded music (MUZAK, juke boxes, bartender's boyfriend's 8 track player behind the bar) as well as live performance. Collection generally depends on how well represented these agencies are in an area, larger metropolises generally have more on site visits. I imagine they get updates from vendors who sell jukeboxes, karaoke units, etc. as to has put in music performance equipment.

Next time you're in a restaurant that pipes music in or a bar that has both recorded an live music, look in the window or door as you are leaving (or coming in); generally where they post the little credit card stickers etc, you'll see the ASCAP/BMI sticker too.

[globey]

in Canada they have a government agency called SOCAN that collects the revenues...

[hdiddy]

One of the local bars that hosts a weekly blues jam (Skip's Tavern) was reportedly shut down last year do to conflicts with ASCAP. They weren't paying royalties and ASCAP caught them and made them resolve the royalties problem before the live music could continue again. That mean like 6 months+ of no live music which prob killed business since they had alot of live acts playing there.

EDIT: After doing a little research, I found out that Skips was supposed to not hire any cover bands so that the owner could avoid paying ASCAP dues. ASCAP hired a private-I to catch them in the act, which has resulted in the lawsuit. But as far as the news articles go, ASCAP has handed over no proof of the crime, so the bar owner continues to refuse to pay. The matter still hasn't settle yet.

[Mike Goodbar]

Originally Posted by hdiddy

One of the local bars that hosts a weekly blues jam (Skip's Tavern) was reportedly shut down last year do to conflicts with ASCAP. They weren't paying royalties and ASCAP caught them and made them resolve the royalties problem before the live music could continue again. That mean like 6 months+ of no live music which prob killed business since they had alot of live acts playing there.

I lost a steady house gig that way.

[D McCartney]

Originally Posted by Ed Fuqua

Generally the rights performance agencies (BMI, ASCAP, SESAC) collect performance royalties from VENUES, not from musicians.

Thanks Ed, that makes sense.
DM