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<\/a> legal and business issues for the performing arts, visit ggartslaw.com<\/a><\/p>\nBy Brian Taylor Goldstein, Esq.<\/p>\n
Greetings,<\/i><\/p>\n
I have recently been contacted by ASCAP asking for fees based on music played by live musicians. Are we required to pay if we do not pay the musicians? Any musician who plays at the location is not compensated for their efforts.<\/i><\/p>\n
Is anyone else who works at or for your location compensated for their \u201cefforts\u201d? Waiters? Staff? Vendors or suppliers? Do you have to pay for liquor if you give it away? Who pays for the electricity or the heat? People can always agree to donate goods and services, and many do. However, as a general rule, society discourages the involuntary donation of other\u2019s property without their permission\u2014even if it\u2019s for a really good cause.<\/p>\n
A musical composition\u2014just like a computer, a watch, or a car\u2014is considered property. It is no less valuable\u2014indeed, I would argue, it is of greater value\u2014than anything else you are required to pay for that has a physical price tag attached. A musical composition belongs to the composer who wrote it and\/or the composer\u2019s publishing company. Under US Copyright Law, whoever owns a musical composition also has the absolute right to control and determine all uses of the property\u2014this includes the right to perform the music live, record the music, play a recording of the music for the public, change the lyrics, make arrangements, or just about anything else you can think of to do with music. Any location where music is performed\u2014whether it\u2019s a theater, concert hall, or other venue (for-profit or non-profit) where music is performed live or whether it\u2019s a restaurant or store that plays recorded music for their patrons\u2019 listening pleasure whilst shopping or eating\u2014needs to obtain the composer\u2019s permission and, in most cases, pay a usage fee called a \u201cPerformance License.\u201d<\/p>\n
ASCAP, like BMI and SESAC, is an organization that represents composers and helps them by issuing performance licenses and collecting fees on behalf of the composer. It helps locations, too, because, rather than having to contact every composer individually, you can purchase a performance license from ASCAP to cover all of the composers they represent. It\u2019s like one-stop shopping. However, as they don\u2019t represent every composer, most locations need to purchase licenses from BMI and SESAC, as well.<\/p>\n
If your musicians are performing original music they composed themselves, then they can certainly agree to perform their own music for free. However, if they are playing (\u201ccovering\u201d) music composed by other artists, then just because the musicians agree to perform for free doesn\u2019t mean that the composers have allowed their music to be performed for free as well.\u00a0If ASCAP contacted you, it\u2019s because music is being performed in your location and ASCAP is trying to ensure that you have obtained permission from each composer they represent to have their music performed. While there are a number of factors that can determine the cost of obtaining performance licenses\u2014the size of your venue, the price of tickets, the number of performances, etc.–ultimately, it\u2019s your responsibility to ensure that the necessary permissions and licenses are obtained.<\/p>\n
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For additional information and resources on this and other<\/a> legal and business issues for the performing arts, visit ggartslaw.com<\/a><\/p>\n