Dance, Music License

[denise480315]

What is the name of your state (only U.S. law)? Wisconsin

I own a Bar and Grill. I pay for a dance and B Liqueur license yearly. I hire out occationally a DJ for parties. I also hire a vendor for Pay Juke Box, (They have proper license. BMI is bothering me to pay to them 522.00US Dollars yearly. For dance and Music license. Do I have to pay this?

 

[FlyingRon]

As the owner of the venue you are responsible to make sure the performance license is paid for. Whether you can get the DJ company to pay it or not is purely a point of negotiation between the two of you.

 

[Antigone*]

What is the name of your state (only U.S. law)? Wisconsin

I own a Bar and Grill. I pay for a dance and B Liqueur license yearly. I hire out occationally a DJ for parties. I also hire a vendor for Pay Juke Box, (They have proper license. BMI is bothering me to pay to them 522.00US Dollars yearly. For dance and Music license. Do I have to pay this?

Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly. Since you play music publicly, you need permission from the copyright owners.

BMI, which is recognized in U.S. copyright law as a licensor of music, currently represents more than 500,000 copyright owners and their more than 7.5 million musical works. So, chances are that you are playing their music and should pay the licensing fee.

 

[LdiJ]

Every business or organization must receive permission from the copyright owners of the music they are playing before playing it publicly. Since you play music publicly, you need permission from the copyright owners.

BMI, which is recognized in U.S. copyright law as a licensor of music, currently represents more than 500,000 copyright owners and their more than 7.5 million musical works. So, chances are that you are playing their music and should pay the licensing fee.

I have a little bit of information on this one as I used to own a restaurant. BMI likes to make every public/retail establishment that has any kind of music playing, that they MUST pay BMI or they will be in violation of copywrites.

This is true IF the establishment has their own stereo, buys their own discs, and their employees put the disks on.

However, if the establishment pays any kind of a service to provide music, ie occasional DJ's, a paid jukebox vendor, a satillite service, or even just plays the radio, it is not the establishment's responsibility to pay a licensing fee, its the vendor providing the music.

They tried to pressure me into paying them and I told them that I was receiving my music from licensed vendors and therefore I was not subject to their licensing fee, and they went away. They did send me a certified letter to try to scare me into paying them, but when I ignored them, they dropped it.

 

[tranquility]

However, if the establishment pays any kind of a service to provide music, ie occasional DJ's, a paid jukebox vendor, a satillite service, or even just plays the radio, it is not the establishment's responsibility to pay a licensing fee, its the vendor providing the music.

Actually, there have been a number of lawsuits over restaurants and bars over this very thing.

Restaurants sued for playing music without ASCAP/BMI licenses | The Law Offices of Gordon P. Firemark | Theatre, Film, Television, Music & New Media Attorneys

But, in one of his answers, if certain conditions are met, there is an exception:

TJ,

Thanks for keeping me honest. You’re right. Under the Fairness in Music Licensing Act of 1998, Businesses that perform music only from licensed >
radio, television, cable & satellite sources, that do not re-transmit beyond their establishments, and do not charge admission, are exempted as follows:

Restaurants, bars and grills that are smaller than 3,750 gross square feet, and all other retail establishments that are smaller than 2,000 gross square feet, are exempt from paying license fees to songwriters, composers and music publishers, but only for their use of radio and TV music

Businesses whose square footage exceeds the amounts listed also qualify for the exemption if they use six or fewer speakers with no more than four speakers in any one room or use audiovisual equipment consisting of no more than four TV’s, with no more than one TV in each room, and no TV having a diagonal screen size greater than 55 inches, together with the same speaker restrictions.

Because these exemptions apply only to TV, Radio, Satellite and Cable, establishments that play CDs, tapes, iPods, iTunes and especially LIVE music (if not all original music), are still required to obtain licenses from the PROs. Likewise restaurants and sports bars with big-screen TVs won’t qualify.