Killing the music, one lawsuit at a time. BMI is on the hunt in Connecticut, looking to catch venues who allow artists to perform BMI licensed songs without the venue paying for BMI licensing. BMI has about 9.5 million songs in its catalog (which doesnt include songs licensed by ASCAP--the venue has to pay separately for that). Of course, the venue owner will know which song is licensed to which performance rights company (NOT). So, if the venue owner wants to have music (and not be vulnerable to suit) he or she has to pay a couple of performance rights organization. Why do they make the venue owner responsible rather than the performer, you might ask. Easy--the venue is easier to sue. Certainly it would make more sense to have the person playing the music be responsible for knowing with whom the music is licensed (and charging the musician directly for the licensing fee). Songwriters deserve to be paid when their music is played. The way the game is set up now, many venues have just decided not to have music rather than pay large annual fees, and the number of venues available to live musicians keeps shrinking. When I play a venue that doesnt pay a licensing fee, I play only music I have written (or music for which I have been able to find a documented pre-1929 source). I keep copies of my Library of Congress copyright forms for my music--each year I compile that years songs into a book and copyright it electronically. So, I can play an unlicensed venue without putting it at risk. The catch is that the owner needs to believe that I wrote all the songs. If he or she doesnt know me, I might be lying, and just one cover song can put them at risk for lawsuit. In church services and in house concerts, the performer can play covers without putting the venue owner at risk, but thats about it. Many owners of commercial establishments dont want to take the risk. But, you can call me. If your venue isnt licensed, Ill restrict my play list to songs I have written and give you a certified letter that I am the author of all the songs I play.
Posted on: Mon, 31 Mar 2014 23:42:47 +0000
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