Rights to play Copyrighted Music?

Ben Lagman

Ben Lagman

Freshman
Jan 11, 2011
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Shrewsbury, Massachusetts, United States
So I helped out, and attended a large corporate event a week and a half ago in Atlanta, GA. It was for a company's convention, and it had well over 40,000 people attend, as it took
place in the Georgia Dome and Georgia World Congress Center. As I was chatting with a few guys from the production team, one had mentioned that every song that they play, they had to pay for since it's copyrighted. I understand that for example, it's alright to play copyrighted music as a DJ at a Hotel Ballroom or other venues as they usually have a license for it. However, would those same rules apply for a full-size production like this? I've heard from people that "It's not much of a big deal", all the way to "They could sue us if we don't pay to play"... What's the real deal about playing copyrighted music for large corporate functions?
 
Re: Rights to play Copyrighted Music?

Ben Lagman said:
So I helped out, and attended a large corporate event a week and a half ago in Atlanta, GA. It was for a company's convention, and it had well over 40,000 people attend, as it took
place in the Georgia Dome and Georgia World Congress Center. As I was chatting with a few guys from the production team, one had mentioned that every song that they play, they had to pay for since it's copyrighted. I understand that for example, it's alright to play copyrighted music as a DJ at a Hotel Ballroom or other venues as they usually have a license for it. However, would those same rules apply for a full-size production like this? I've heard from people that "It's not much of a big deal", all the way to "They could sue us if we don't pay to play"... What's the real deal about playing copyrighted music for large corporate functions?
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Hello Ben,

Yes, someone should have paid a licensing fee if the music is registered by one of the collection Corporations.

While the Artist, or Writer/ Composer of the music usually, legally goes after the "guy with the deepest pockets"..... it can also trickle down to the Sound Provider of the Event. These details as to whom will be licensed/pay the fees should be covered in the SP's contract with the Client.

Some years back, a piece of Music was used at one of the Auto Shows without licensing, the Sound Company was found negligent for $300,000. Needless to say...they lost their business.

Hammer
 
Re: Rights to play Copyrighted Music?

Charlie Zureki said:
Hello Ben,

Yes, someone should have paid a licensing fee if the music is registered by one of the collection Corporations.

While the Artist, or Writer/ Composer of the music usually, legally goes after the "guy with the deepest pockets"..... it can also trickle down to the Sound Provider of the Event. These details as to whom will be licensed/pay the fees should be covered in the SP's contract with the Client.

Some years back, a piece of Music was used at one of the Auto Shows without licensing, the Sound Company was found negligent for $300,000. Needless to say...they lost their business.

Hammer
Click to expand...

There must have been more to it than simply playing the song in a public venue. Why? Because the VENUE is REQUIRED to have a "compulsory license" that covers public performance of a particular "rights administrator's" works... BMI, ASCAP, SESAC. It is up to the venue if they wish to recover, on a pro-rata basis, the costs of such licenses from venue clients. Going after the sound company makes about as much sense as going after the phone company for an obscene phone call, or arresting the projectionist for public obscenity because he was the guy paid to run (but not book or select) the films that a local censor had a problem with.

I suspect that everyone connected with the event was listed as a defendant and the judge decided who was potentially culpable before trial actually commenced. Note that JBL paid a settlement in the Station Nightclub fire because their speakers *might* have contributed fuel to the pyro-initiated, toxic foam-fed fire that killed 100 people, so it's possible that settlements were paid without actual findings of guilt or responsibility.

I'd love to see a citation for the case you mention, Hammer.

For Ben, I suggest you go to http://forums.prosoundweb.com/index.php/topic,1399.0.html and read it. Brad Webber and I hash this out.
 
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Re: Rights to play Copyrighted Music?

Hello,

there was a bit more to the story...but, I'd rather not go into details of the who's & where's... but, the Sound Co. was also acting as a Management Co. ...hiring labor, doing payroll, making some of the production decisions.... to what degree... I'm not sure.

Also...the "live" show was also video taped...which, added to the fines.

Hammer
 
Re: Rights to play Copyrighted Music?

Charlie Zureki said:
Hello Ben,

Yes, someone should have paid a licensing fee if the music is registered by one of the collection Corporations.

While the Artist, or Writer/ Composer of the music usually, legally goes after the "guy with the deepest pockets"..... it can also trickle down to the Sound Provider of the Event. These details as to whom will be licensed/pay the fees should be covered in the SP's contract with the Client.

Some years back, a piece of Music was used at one of the Auto Shows without licensing, the Sound Company was found negligent for $300,000. Needless to say...they lost their business.

Hammer
Click to expand...

Charlie Zureki said:
Hello,

there was a bit more to the story...but, I'd rather not go into details of the who's & where's... but, the Sound Co. was also acting as a Management Co. ...hiring labor, doing payroll, making some of the production decisions.... to what degree... I'm not sure.

Also...the "live" show was also video taped...which, added to the fines.

Hammer
Click to expand...

It was the video taping that got them the big, fat fine because they acted as a creator of content rather than a sound reinforcement company.

When I do webcasts for Thomson, they want a mix that does NOT contain any un-cleared music. That mean the folks participating on line don't hear "Eye of the Tiger" or the other walk-up songs, and Thomson wants the cleared music they provide used for the webcast pre show, breaks, etc so NOC knows our connection is still active.

Again, simply playing a commercial recording covered by a compulsory license will NOT subject a sound company to criminal liability, nor should it bring about any civil actions. One of the things that came of the DJ forum discussion is that individual (non-venue) users can't even buy a public performance license. Note that "public performance" means for the enjoyment or benefit of a physically-proximate audience, not people watching on line, listening via podcast or recording for later presentation, etc. Those uses require separately negotiated licenses.

Have fun, good luck.

Tim Mc
 
Re: Rights to play Copyrighted Music?

Tim McCulloch said:
It was the video taping that got them the big, fat fine because they acted as a creator of content rather than a sound reinforcement company.

When I do webcasts for Thomson, they want a mix that does NOT contain any un-cleared music. That mean the folks participating on line don't hear "Eye of the Tiger" or the other walk-up songs, and Thomson wants the cleared music they provide used for the webcast pre show, breaks, etc so NOC knows our connection is still active.

Again, simply playing a commercial recording covered by a compulsory license will NOT subject a sound company to criminal liability, nor should it bring about any civil actions. One of the things that came of the DJ forum discussion is that individual (non-venue) users can't even buy a public performance license. Note that "public performance" means for the enjoyment or benefit of a physically-proximate audience, not people watching on line, listening via podcast or recording for later presentation, etc. Those uses require separately negotiated licenses.

Have fun, good luck.

Tim Mc
Click to expand...

Will leakage from the playback going into open lavs and onto the net be accepted or is it more of a "it has to be impossible to know what was played"'- situation?
 
Re: Rights to play Copyrighted Music?

That would probably be up to a court, but I'd err on the side of "impossible to recognize" if at all possible.

For the financial meetings, there isn't much walk up music, but I mute the lectern and lav mics until the presenter is at the lectern or otherwise "on his mark" and the walk up is fading out.

Mac Kerr will have much more experience, hopefully he'll respond.

Have fun, good luck.

Tim Mc
 
Re: Rights to play Copyrighted Music?

Tim McCulloch said:
That would probably be up to a court, but I'd err on the side of "impossible to recognize" if at all possible.

For the financial meetings, there isn't much walk up music, but I mute the lectern and lav mics until the presenter is at the lectern or otherwise "on his mark" and the walk up is fading out.

Mac Kerr will have much more experience, hopefully he'll respond.



Have fun, good luck.

Tim Mc
Click to expand...


I have never been in that situation and find it to be an "interesting" problem to have to deal with. Doesn't the webcast sound a little funny when the sound goes to mute while the person is walking up? I mean, audience mics are obviously out of the question, too.
 
Re: Rights to play Copyrighted Music?

I did an event in the same venue GWCC for a pyramid company and they were very clear in their instrustions to send them a mix minus that didn't include any of the program music. The event was taped and they told me that they would go back and edit new music in the final video release. Although venues should be subscribing to one ASCAP/BMI to cover the fees that would normally go to the publishing companies of the artists, the situation in real question was that video release- since it was used for a direct commercial product.
 
Re: Rights to play Copyrighted Music?

Ryan Lantzy said:
Is there any truth to the idea that music played at a private event is not susceptible to claims of copyright?
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No. Personal use is permitted under copyright law, but that means YOU, playing the work for yourself or a few friends in your home, car, boat, etc.

"Private" would indicate that the event is not open to the general public, but that makes no difference under the public performance rules. If the audience isn't exclusively made up of friends (the kind you've had as guests in your home) or family, it's still a "public" performance.

Copyright is universal. The exceptions to payment of license fees are few and narrowly defined.
 
Re: Rights to play Copyrighted Music?

Ryan Lantzy said:
I should have been more specific. I hire a band to play my wedding reception at my house and also play some music during their break. "Public Performance?"
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There are 2 different things here, one is the live performance and the other is the public use (or non-public, in your example) of recorded works.

The difference is that when you purchase a recorded work, you have the right to play it for yourself, friends or family in your home or other place that is not open to others. You can even give a copy to a friend or family member. Things are a little different regarding the live, public performance because in effect, the authors, composers and publishers have received no compensation for the acquisition of the work or for the performance thereof. Is it fair to use something of value (you like the songs or wouldn't have them played) without compensation?

Your example of the wedding reception band in a private home is a tricky one, and I *think* the line would be drawn that a band was hired to perform the copyrighted works. If the homeowner or family performed the works, I'd say it's fair use. A band being paid to perform is a commercial activity. Commercial use of copyrighted works is subject to license.

You might want to run this past the various rights organizations like ASCAP and BMI. Let us know what they say if you reach that point.

Tim "not an attorney, but the offspring of one" Mc
 
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