mpr@mb2c.UUCP (Mark Reina) (01/27/86)
I know that there are situations where one does have to pay for singing a copyrighted piece of music in public. I believe that these situtations are limited to commercial enterprises. For instance, Mike Douglas must pay royalties everytime he sings "Happy Birthday" on his television show. Mark Reina
ibyf@ihlpa.UUCP (Scott) (01/28/86)
Ok, I was told once that as long as you purchased the music, *you* could do whatever you wanted with it as long as *you* don't receive *ANY* reimbersment what so ever. In other words, you may copy it, perform it, rearrange it, as long as you dont receive money or try to claim it as your own. So in the original example of the church choir copying for its members as long as someone had purchased the original it would be ok. (NOTE: that's what I was told, I'm not saying this is Gospel) (no pun intended) (well ok, maybe a little one). It also sounds logical, if you don't go overboard (like making 40000000 copies and mailing them to everyone in the world). The example was given that say you buy a video , then have your friend over and you both watch it. As long as you didn't charge your friend(s) they can't touch you. Well, I await the response with bad breath. Addison ihnp4!ihlpa!ibyf My brother? I always thought of him as mom and dad's science project.
rb@ccivax.UUCP (rex ballard) (02/05/86)
In article <448@mb2c.UUCP> mpr@mb2c.UUCP (Mark Reina) writes: >I know that there are situations where one does have to pay >for singing a copyrighted piece of music in public. >I believe that these situtations are limited to commercial enterprises. There are authors such as Rice and Webber (JC-Super Star fame), and a few others who will resort to legal action against non-profit organizations if necessary. The court has been consistant in finding for the author. In fact, non-profits are a primary source of income. >For instance, Mike Douglas must pay royalties everytime he >sings "Happy Birthday" on his television show. > > Mark Reina The music industry has a way to make piracy mutually beneficial. The original posting expired, but from what I can gather, a non-profit organization (Church?) wishes to use a copier to reproduce music and perform it. This can be done legally here's how. Individual agreements with each publisher are not neccessary or desireable for either side, the costs of collection would be too great. The correct procedure is to contact either the American Society of Composers Arrangers and Publishers (ASCAP), or Broadcast Music International (BMI) and tell them you want to arrange a performance contract. They will want to know how many performances per week you plan, and how much revenue you expect to derive. If the revenue (actual collection) is low enough, a minimum will be used. You will pay a monthly rate roughly equal to 6% of your collection (probably even less). You will also be asked to keep accurate records of what music is performed. Your monthy payment will be sent to the appropriate publishers, and creators. If you do this, you may make unlimited copies as required for the performance but may not sell or give them to any other individual or organization (unless they have a similar agreement). The 6% is actually pro-rated based on what percentage of the performance (service) involves performing copyrighted music and what percentage of the income is derived from the music. There is also a minimum, but it is also very reasonable. Some of the larger denominations already have contracts, in which case you need only submit a log of what you perform to your 'synod' or central governing/adminestrative body. In some cases, the church 'program' may be sufficient. The main question is, how big is your congregation, and how big is your choir? If you wish to re-perform the same selections frequently, purchasing all music is preferred to an A.S.C.A.P. agreement. If you want unlimited variety and have a large choir, then the agreement is preferred. It is an all or nothing situation either way. If you broadcast, record, or in some why extend the value beyond the live audience, the ASCAP/BMI agreement or a contract with the publisher is mandatory. You should get quotes from both organizations but contract with only one. These are sister associations and members will be re-embursed reguardless of which you pay. By the way, this is how Mike Douglas pays his music bills too, along with most restaurants, nightclubs, and schools. Professionals (union and guild members) are prohibited from performing without this or an equivelant agreement. Now, if the computer software people could figure out something like this...