I work for a small non-profit organization that has an annual fundraising event inviting the community to attend for food, fun and to support a great cause. We were contacted by a BMI attorney because we sent out a social media announcement saying, among other things, that we would be having a DJ playing tunes at the event. The attorney demanded fees be paid because we were bound to play BMI licensed songs. Hundreds of dollars were paid to BMI, money that could have gone to support a very worthwhile mission. I’m all for paying artists their fair share but I do not think this is an intent that would have the artists support nor do I think the artists would support BMI’s strong armed tactics.

Surprised the bar got away w/o paying a modest licensing fee for 71 years. The owner intends to comply so music will be back soon & songwriters will get paid. Life will be good.

Surprised the bar got away w/o paying a modest licensing fee for 71 years.

This. That's why they have those fees, but I can't help but feel like there's a way better way to approach the bar than sueing them for likely more than the bar is worth. Happy to be an ASCAP man today, hahaha.

I can't help but feel like there's a way better way to approach the bar than sueing them for likely more than the bar is worth. Happy to be an ASCAP man today, hahaha.

According to the article, BMI has been reaching out by phone & letter to the bar since 2015 w/no response. The lawsuit required a response. ASCAP has plenty of their own lawsuits going.

All venues presenting live music, unless all original, must pay licensing fees.

If I want to put a Dicky Betts tune on my CD I have to pay a licensing fee to Harry Fox agency, I believe the going rate is $50/song/500 copies but that may be old info.

I hold a few song copyrights and a few Nashville publishers have heard them. In the unlikely event they ever get cut I damn sure want my slice. Not holding my breath but if you make money off my tune I gots to get paid.

That's why it is called the music business.

All venues presenting live music, unless all original, must pay licensing fees.

From what I heard BMI demanding licensing fees even if place only allows original music, because someone might play a cover song.

Might as well require everyone to pay BMI, in case they slip up and whistle a tune in public.

Maybe I better not request Midnight Rider tonight as I usually do because the guy I'm going to see, A.C. Myles, does a KILLER version. I'm going to ask the guy who runs this weekly jam about this. They charge a $7.00 cover but they say it does not go to the band (they always pass a tip jar). I'm wondering now if at least part of this $7.00 goes for BMI fees.

All venues presenting live music, unless all original, must pay licensing fees.

From what I heard BMI demanding licensing fees even if place only allows original music, because someone might play a cover song.

Might as well require everyone to pay BMI, in case they slip up and whistle a tune in public.

I have not heard about the first thing but could be. Recorded music is covered too unless the provider of the recorded music pays licensing fees.

The second thing is not in effect as that is private use.

As far as I know the fee is about $700 a quarter. Maybe someone has current info.

Oops the Nazgûl are gonna be ridin after A.C. Myles now. Now I'm wondering if those people who yell Free Bird are a BMI sting op.

Whistling a tune in public is private use? What about whistling a tune in a bar?

BMI, ASCAP, and SESAC represent songwriters, copyright and publishing holders. They collect from users and pay producers.

If you want to give a dance you gotta pay the band.

Just like the old arguements about trading audience tapes vs. sharing copyrighted, commercial worksthat are being sold.

Yes to the first, no to the second.

How many who think music should be free work for nothing?

[Edited on 12/12/2018 by aiq]

Whistling a tune in public is private use? What about whistling a tune in a bar?

Unless you are profiting in some way that is private use, IMO.

My band does both covers and originals. We had a sort of stroke of luck in that a local bar got busted by ASCAP for having cover bands without the bar having paid the licensing fee. After that, the bar would only have bands that could play all originals. Suddenly, we had the chance to play 3 hours of our own music. It is hard to find a venue that wants all originals!!!

Unless you are profiting in some way that is private use, IMO.

So I could walk around banging a cowbell and singing Dont Fear the Reaper wherever I want and that is private use if I'm not getting paid?

This is an open mic at a podunk tav. Nobody making a dime. Seems to me the loophole could be if the bar doesn't bill it as performance but allows folks to play music, the players could simply be enjoying private use?

Im not against artists' rights - just seems like overkill to hammer on an open mic

[Edited on 12/12/2018 by BrerRabbit]

This is an open mic at a podunk tav. Nobody making a dime. Seems to me the loophole could be if the bar doesn't bill it as performance but allows folks to play music, the players could simply be enjoying private use?

I think you are right. From my understanding, BMI is suing because the bar is probably drawing in folks based on their knowledge that good bands will be playing BMI hits. If this is part of the appeal for consumers to go to that bar, then BMI wants their licensing fee from the venue, and not the band itself. Sucks that a small cool bar is being targeted though.

I go back and forth on whether artist rights are fair or unfair. On one hand, they deserve to get paid if we want to hear their work, period. On the other hand, I subscribe to Apple Music, Amazon Prime, SiriusXM, Pandora, Netflix, YouTube Red, Verizon cable, and purchase countless concert tickets and digital downloads each year. Can’t we hear a cover band without them sticking their nose in that too? Sheesh.

I'm registered with ASCAP, and it's a good feeling when the royalty checks come rolling in. I think my wife may have framed my first check. What's fair is fair. If somebody is going to use our music, we have a right to be paid for writing the material.

Talked to Vince last night who runs the Club Fox Blues Jam every Wednesday night in Redwood City. Yes, they do pay fees to both BMI and ASCAP and it comes out of the $7.00 cover. A.C. Myles was off the hook last night but that's par for the course.

I'm registered with ASCAP, and it's a good feeling when the royalty checks come rolling in. I think my wife may have framed my first check. What's fair is fair. If somebody is going to use our music, we have a right to be paid for writing the material.

Nice. Always great news to hear an artist is actually getting paid.

Bars sell alcohol, usually food, and often use live or recorded music to draw business. They do make money from an open mic night.

Charge a modest cover or hit the open mic performers a small registration fee to cover the licensing. Like a dollar or two. Light a candle or curse the darkness.

Is may seem harsh when our favorite local bar gets tagged but the fees are not that high. Cost of doing business. Don't pay the beer vendor and see how long the doors stay open.

[Edited on 12/13/2018 by aiq]

I can see that - I have copyrighted stuff myself. Shifting blAme here- I consider it a ripoff if folks are enjoying the music and don't drop anything in the tip jar. They tip on their drinks, pay for pool games, jukebox, etc. The "pay to play" showcase thing in the city is really ugly.

So if a bar has the radio on they're covered.

):-D

A local dive bar out in the fields who owned their CD jukebox & stocked it themselves had similiar issues.
They eventually removed it instead of paying & few months later they were out of business.