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From: rb@ccivax.UUCP (rex ballard)
Newsgroups: net.legal
Subject: Re: Copyright and Music
Message-ID: <371@ccivax.UUCP>
Date: Tue, 4-Feb-86 23:17:22 EST
Article-I.D.: ccivax.371
Posted: Tue Feb  4 23:17:22 1986
Date-Received: Sun, 9-Feb-86 06:14:11 EST
References: <448@mb2c.UUCP>
Reply-To: rb@ccivax.UUCP (What's in a name ?)
Organization: CCI Telephony Systems Group,  Rochester NY
Lines: 64
Summary: Legalizing Music Piracy

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...