Clarification re ascap/bmi licensing--yet another thread

[naiyahayal]

Until Bhuz, I had never even realized you couldn't use music in a classroom setting for teaching--I thought buying the CD at least entitled you to that. Reading that thread led to others, and I went to the ASCAP site ....

My head hurts ......... after pages and pages of reading, I still don't have answers to the few basic questions.

Does anyone have answers to these basic questions or willing to share what they know or how they handle this? Sorry if this has all been covered already.

What do I need in order to be "legal" for the following situations:

Dance in a restaurant/club, at a paid gig, or a festival (indoors such as Rakkasah, outdoors such as a local festival) using either the original CD or one of the tracks by re-recording it onto another CD to give to the DJ.

Compiling a "set" to dance to in the above settings by mixing & matching tracks from several CD's. (Whether I pay someone else to do it or do it myself)

Using original CD's or burned tracks for for teaching (classroom setting or private lessons in someone's home).

Does one "annual" fee allow you to use any songs on ASCAP's list in all of the above situations?

The section which finally set off a headache and made me want to give up BD altogether is the one that relates to classrooms -- the license allows you to use the music ONCE A YEAR ONLY for a student recital/studio performance. ??????? So if you have two events a year, you are in violation, but one "student night" a year is OK?

If anyone knows whether their so-called "blanket license" covers all of the above--do you have a license, and how much does it cost annually? If you're willing to share this with me and enlighten me, I would so much appreciate it!

Sigh........... I understand not violating the rights of musicians/composers, but, honestly, what about our right to a livelihood? I have spent thousands and thousands of dolllars "BUYING" music over the years. Since I am not recording any of that music and am being paid to DANCE, haven't I already "supported" the composer by buying the music? (Yeah, I know,this has been addressed, I'm just venting.)

[naiyahayal]

Oh, this was the clincher for me:

If I understand all that I've read, you can purchase a CD, play while driving in your car, and you will be in VIOLATION because you are playing it "in a public place" -- someone else can hear it when you roll the window down ....

I can be fined? Seriously???????

[mysterywoman]

Dance in a restaurant/club, at a paid gig, or a festival (indoors such as Rakkasah, outdoors such as a local festival) using either the original CD or one of the tracks by re-recording it onto another CD to give to the DJ.

It is the responsibility of the restaurant/club or festival organizer to procure the license for their venue/event. It is not necessary for you to. If your paid gig is a private party in someone's home, no license is needed because the party is not open to the public.

Compiling a "set" to dance to in the above settings by mixing & matching tracks from several CD's. (Whether I pay someone else to do it or do it myself)

You are under no obligation to do anything "special" for the mere act of creating a compilation on a CD or MP3 player. Placing the music on physical media is not the issue - the issue is what you do with that physical media after you create it. If you perform with it, then the license of the restaurant/club/event will cover you.

Using original CD's or burned tracks for for teaching (classroom setting or private lessons in someone's home).

You can buy a license authorizing classroom use in a public studio. If you are teaching in a private home, no license is necessary because it's not a public situation.

Does one "annual" fee allow you to use any songs on ASCAP's list in all of the above situations?

No. Every venue for performance must buy its own license. For classroom, you buy your own.

The section which finally set off a headache and made me want to give up BD altogether is the one that relates to classrooms -- the license allows you to use the music ONCE A YEAR ONLY for a student recital/studio performance. ??????? So if you have two events a year, you are in violation, but one "student night" a year is OK?

Depends on where you have your student recitals. If you have them in a public place like a restaurant that already has a license for generally playing music, then no further license is required to have your student recital there.

[tamrahennatx]

If you teach at a dance studio, wouldn't the studio be required to hold the license and not the individual instructors?

[naiyahayal]

It is the responsibility of the restaurant/club or festival organizer to procure the license for their venue/event. It is not necessary for you to. If your paid gig is a private party in someone's home, no license is needed because the party is not open to the public.



You are under no obligation to do anything "special" for the mere act of creating a compilation on a CD or MP3 player. Placing the music on physical media is not the issue - the issue is what you do with that physical media after you create it. If you perform with it, then the license of the restaurant/club/event will cover you.



You can buy a license authorizing classroom use in a public studio. If you are teaching in a private home, no license is necessary because it's not a public situation.



No. Every venue for performance must buy its own license. For classroom, you buy your own.



Depends on where you have your student recitals. If you have them in a public place like a restaurant that already has a license for generally playing music, then no further license is required to have your student recital there.

Thanks! I guess my major misunderstanding was that the dancer, not the venue owner or event producer was responsible for compliance. So as long as they have the "blanket" license, my CD compilation is OK to play in that setting and OK for me to perform to it?

So if a private lesson in someone's home is OK, would it also be OK to teach in your own living room (if we had one, LOL -- this is hypothetical).

I was asked to teach a group of women a private mini lesson. To cut costs and eliminate my renting extra studio time, they suggested using the store space of one of the women's brother's shop after hours. Is that the same as a private home, since no one other than the students and me are there during that time? It's a highly visible store with lots of foot traffic and right nextdoor to a ballroom studio--not the one I normally rent--but do I risk the owner of the business getting fined?

[naiyahayal]

If you teach at a dance studio, wouldn't the studio be required to hold the license and not the individual instructors?

So as long as she has the "blanket license", I can use any CD's while teaching or performing in that studio?

[anala]

All that mysterywoman says, and yes the studio needs the license, not the instructor...unless of course it is your studio :-O

[naiyahayal]

All that mysterywoman says, and yes the studio needs the license, not the instructor...unless of course it is your studio :-O

Thanks, Anala ..... ".......unless it is your studio ....." (I wish ......w.:)

[anala]

hey...I have to dig in my pocket to keep the joint open!!!I am a public service...a church if you will...Our Lady of Perpetual Motion!

[tamrahennatx]

hey...I have to dig in my pocket to keep the joint open!!!I am a public service...a church if you will...Our Lady of Perpetual Motion!

(another facebook junkie here)

[naiyahayal]

hey...I have to dig in my pocket to keep the joint open!!!I am a public service...a church if you will...Our Lady of Perpetual Motion!

....... isn't there an exception for "non-profits"? ..g.:

[anala]

Yes..it called - I dont pay Federal taxes on my "profit", except in the state of New Mexico we have such a thing as gross reciepts tax. I must pay the state a portion of every dollar that walks in the door...before expenses. That hoovers!

[naiyahayal]

Yes..it called - I dont pay Federal taxes on my "profit", except in the state of New Mexico we have such a thing as gross reciepts tax. I must pay the state a portion of every dollar that walks in the door...before expenses. That hoovers!

BEFORE expenses????????? So if your bottom line is a loss, not profit, you would still have to pay that portion of every dolllar? Just to clarify, you mean things like tuition -- not sales of BD items and such? and I thought local taxes here were outrageous ......

[naiyahayal]

..... hmmmm ..... can you write it off as a loss on your FEDERAL taxes then, at least?

[anala]

Yes...isnt that outrageous? Everybody pays it. Doctors, lawyers, beauticians, realtors....everybody!

[anala]

Yes...at least I am not taxed twice (iow...at least I get lube)

[clueless23de]

And just to make it a bit more complicated.....

Paying for a yearly ASCAP membership does not allow you to use just any kind of music you want and be covered. You can only use music from artists who are members of ASCAP. So you need to check with ASCAP to see if they liscense the music with which you wish to perform. There is also BMI & SESAC, so technically you would need to be a member of all 3 companies in order to cover all your bases.

I considered signing up with ASCAP but I was very amazed at their crappy costumer service and the sheer rudeness of their representatives. *I* contacted ASCAP and wanted to pay for a membership for my classes (I had been using music from 2 artists with permission from the artists and wanted to vary my music a bit) and they were so rude and twisted my words and basically called me a liar! So I'll just stick to using music that I have direct permission to use for teaching.

My husband is an audio engineer and has been creating his own music and i now a member of BMI. He wasn't so impressed with ASCAP either. The only thing they seem really interested in is beefing up their wallets.

[anala]

ASCAP...just another way of saying asshat!

[clueless23de]

ascap...just another way of saying asshat!

hahahaha!!! Love it!