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#182203 - 01/06/05 11:40 AM Re: Royalty Fees for Performing Copyrighted Music !
travlin'easy Offline
Senior Member

Registered: 12/08/02
Posts: 15560
Loc: Forest Hill, MD USA
Though I don't have any first-hand knowledge of the fees, I was led to believe that in the People's Replublic of Maryland they're based upon a percentage of the establishment's liquor sales. Additionally, there seems to be several exemptions to the fee, American Legions, VFWs, and other non-profit organizations.

Gary
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#182204 - 01/06/05 11:51 AM Re: Royalty Fees for Performing Copyrighted Music !
Scottyee Offline
Senior Member

Registered: 12/01/99
Posts: 10427
Loc: San Francisco Bay Area, CA, US...
Quote:
Originally posted by Uncle Dave:
No disrespect, but why did he want you to play?


OK Uncle Dave, I don't mean to be dis-respectful either, but THOSE of us with a foundation of traditional piano training usually play MORE THAN only the standards. I can play classical music too . . .
R - E - M - E - M - B - E - R ?

Quote:
Originally posted by Uncle Dave:
Has he heard you do original material?
No

Quote:
Originally posted by Uncle Dave:

What made him think you did original stuff?
Though I certainly do improvise , he clearly knows that I don't perform original material.

The fact is that I had actually worked at this restaurant some time ago awhile back, of which included not only playing 'pop standards', but some dinner hour background classical music (of which happens to be royalty-free) as well.

One of the highlights of this restaurant is that it has a nice acoustic Grand Piano, ALMOST as pleasurable to play as my own 7 foot Steinway B Grand at home. Sorry, but I just couldn't resist getting in that dig. - Scott
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#182205 - 01/06/05 02:17 PM Re: Royalty Fees for Performing Copyrighted Music !
captain Russ Online   content
Senior Member

Registered: 01/02/04
Posts: 7285
Loc: Lexington, Ky, USA
I'm pretty sure ASCAP can't fine anyone. What they have to do if an establishmnt refuses to pay is sue for copyright infringement.

Also, royalties are charged for music under liscense...that means that technically, fees are not imposed for music in the public domain, where copyrights have expired. The reason classical music is exempt is because it is in the public domain and the copyright has expired...really nothing to do with the type of music.

As far as union relationships, several years
ago, I was asked to play at a National Hardware show in Chicago at McCormack Convention center, in the Lakeshore suite, which was rented by a large internatinal firm. Knowing that there was a strong trade union mentality, I renewed my local card and thought I had everything covered. Within 10 minutes od starting, I was stopped by a union rep which said that their contract with the hotel required the only musicians from their local or out of area locals with a pre-approved (that means cut of the money) agreement could work. And this was a private affair.

What a pain in ***!

Russ

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#182206 - 01/06/05 03:46 PM Re: Royalty Fees for Performing Copyrighted Music !
mikeathome1 Offline
Member

Registered: 08/23/04
Posts: 1208
Loc: Syracuse NY
Same kind of thing here in Central NY BMI scared a lot of places out of business or at least out of entertainment.
Up here I haven't heard of the union in 30 years, I know it was big once and maybe symphony is union and a couple big auditorium type venues. But they don't do much for or bother the working musicians.
Don't tell em my name
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#182207 - 01/06/05 06:27 PM Re: Royalty Fees for Performing Copyrighted Music !
Pennywizz6 Offline
Member

Registered: 11/10/04
Posts: 434
Loc: Shakopee, MN, USA
Thats stupid, im pretty big into the whole band scene and im part of a local venue, bands come and play covers all the time, and we have never had this brought up.

That doesnt seem right at all, who gets the royalty money that you pay a monthly bill for, they dont know what your playing.

Phil

[This message has been edited by Pennywizz6 (edited 01-06-2005).]

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#182208 - 01/06/05 08:54 PM Re: Royalty Fees for Performing Copyrighted Music !
Uncle Dave Offline
Senior Member

Registered: 12/01/99
Posts: 12800
Loc: Penn Yan, NY
ASCAP nd BMI rule every place I ever worked. They have stickers on the front door, just like a Zaggat rating and the club pays a fee based on the number of seats and type of music played.
There is no way around it ... if you use other peoples music to enhance your business ... you need to pay.

Some time ago, there was talk about requiring DJs and bands to pay the fees, but it was squashed pretty quickly. It's the venue's responsibility.

Scott .... I didn't know you had a Steinway?
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#182209 - 01/07/05 04:33 AM Re: Royalty Fees for Performing Copyrighted Music !
to the genesys Offline
Member

Registered: 10/22/03
Posts: 1155
Yes that’s just another obstacle for live performance and venues that try to encourage live performances.
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#182210 - 01/07/05 05:11 AM Re: Royalty Fees for Performing Copyrighted Music !
The Pro Offline
Senior Member

Registered: 07/09/02
Posts: 1087
Loc: Atlanta, Georgia
Quote:
Originally posted by to the genesys:
Yes that’s just another obstacle for live performance and venues that try to encourage live performances.


Dead wrong. This is the way that generations of musicians, composers, artists and their representatives worked out to be paid for the use of their intellectual property. It's the way it is because a lot of musicians worked hard politically and made it possible to be paid for musical work in a variety of ways. Too easy and too often music is taken for granted, even by other musos. I find it incredible that some musicians can dismiss this fact so easily... we are the beneficiaries of this process as songwriters and recording artists. I am a member of BMI as well as a live performer - the people who work for me to collect music royalties aren't "stupid" or "vultures". It's hypocritical to make such judgmental statements without trying to understand what it's really all about.
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#182211 - 01/07/05 06:16 AM Re: Royalty Fees for Performing Copyrighted Music !
shcox Offline
Member

Registered: 09/10/03
Posts: 296
Loc: Leesburg, FL USA
This argument has been going on for a very long time. Even the Beatles were once sued for performing there own music because a venue they played failed to pay the performance fees. (They were named along with the owner.)

Most of us think of songwriters and musicians as the same people but most of the music performed is written by a diffetent songwriter than the musician(s) that performs it. The only real way for these songwriters to make money is from these royalties.

It's well known that Paul McCartney makes most of his income from his publishing company. He owns the rights to thousands of songs and plays (but not the Beatles songs).

The problem I have is not that they collect the fees but that it really can be difficuly for an individule to figure out all the different royalties that need to be paid.

I wanted to open a free site for all of us put the non-original songs we record on our keyboards that would be legal. First I needed to determine which organization the performance rights were goverened by and purchase a 6 month general license (about $1200), then I had to contact the music publisher to find out their fee for recording the music.

It was just too much for a free site. If I could have found a license that I just paid so much per song downloaded. I might have considered funding it.

Best Wishes,


------------------
Heather- Leesburg, FL PR54
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#182212 - 01/07/05 06:35 AM Re: Royalty Fees for Performing Copyrighted Music !
to the genesys Offline
Member

Registered: 10/22/03
Posts: 1155
Quote:
Originally posted by The Pro:
Dead wrong. This is the way that generations of musicians, composers, artists and their representatives worked out to be paid for the use of their intellectual property. It's the way it is because a lot of musicians worked hard politically and made it possible to be paid for musical work in a variety of ways. Too easy and too often music is taken for granted, even by other musos. I find it incredible that some musicians can dismiss this fact so easily... we are the beneficiaries of this process as songwriters and recording artists. I am a member of BMI as well as a live performer - the people who work for me to collect music royalties aren't "stupid" or "vultures". It's hypocritical to make such judgmental statements without trying to understand what it's really all about.



I was not trying to downgrade the works of composers and songwriters. I think that songwriters and composers should be compensated for their works. However, what I was commenting on was the system that allows composers and songwriters to be compensated (if at all) for the live performance of their works. I was just trying to point out the effect such a system has on the performing arts and the establishments that try to encourage performers. I just think that who what and how they charge is too extreme.

I am not at all saying that the system should be abolished. Quite the opposite since the system I am critiquing is the very one I get compensated from for my compositions and songwriting.

I just think that it should better favor live performances or more specifically the establishments that try to encourage live performances.

Sometimes, dialog on topics like this is good so that a greater understanding of the effect on all concerned can be understood and hopefully make the system better. That is all I am trying to do.
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