Klarinet Archive - Posting 000131.txt from 2012/01

From: <p_marcus@-----.net>
Subj: Re: [kl] music rights and performance fees
Date: Mon, 23 Jan 2012 12:29:21 -0500

If anyone is an expert on performance rights and licensing, I would be
interested in hearing more. This is a new area of interest to me, since my
husband
has become a composer, and it is always good to learn if I have
misunderstood the licensing process. The books I have read start out as
helpful,
then quickly devolve into lawyer-speak, so I beg of you, keep it simple!

My understanding is that copyright would be a problem if you play music that
was not purchased, or if you play arrangements of works that are not public
domain done without permission. With print music, permission to perform the
work implied by purchasing the sheet music. I believe it is usually up to
the venue to pay the fees to ASCAP and BMI, and they are the entity that
would be fined if they don't pay the licensing fees. Both agencies have
people checking up by tips or randomly on establishments (including
restaurants, community centers, concert halls, etc.) to see if they have
paid the pubic use licensing fees. There aren't many people employed to do
this, but it does happen. You do need permission from the publisher for
each performance to perform works that are or previously were rental, or
arrangements that are not published and sold by a publisher. ASCAP and BMI
also collect fees for broadcasts, but not for works performed in a movie
theater...go figure. (That is covered by music licesensing/placement fees
negotiated during movie production.) I believe if a group is playing a
concert in a venue not normally used for concerts (no venue license) then
there is a special one-event license that can be purchased through ASCAP,
not sure about BMI. I do know they only reimburse concert/classical
composers once a year based on reporting from venues, broadcast companies,
and some from composers who know when a work has been played.
Clear as mud, right?

Kevin's suggestion of joining an over-arching group that would include
performance
licensing for both organizations is excellent. I know chamber groups that
have
been formed as part of another arts organization, a sponsorship situation,
if you will,
that covers the issue of obtaining nonprofit/501c3 status and allows for
donations
to be deductible as a result, without the 1-3 year wait for the application.

Thanks,
Penny Ward Marcus

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