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[OMG IP]

Anyone ever been solicited by these companies making an inference that you/your client needed a license from them?  And I mean, in a hypothetical world, "they" don't know what you're doing... they just know there have been some public performances, and that it might have included an unauthorized reproduction of one of their clients copyrighted material.

[Kaitlin]

No, but I've heard tales of their minions accosting wandering minstrels at fairs and such.

[OMG IP]

Their actions are borderline actionable under TX DTPA -- which is a whole nother matter.

[Isaac]

And I mean, in a hypothetical world, "they" don't know what you're doing...

If you are playing their clients music publicly, it is not going to be hard for them either to catch you doing it again or to prove you've done it in the past.  Once they do that, they'll have plenty of leverage to negotiate.  If that sounds sleazy, so does commercial copyright infringement.

 

[artchain]

I work with a lot of clients in the entertainment industry...  nightclubs, promoters, DJs and performers.

ASCAP, SESAC, and BMI are generally hated (and that's not putting it too strongly), but they are also feared.

They employ field agents to record and report violations, and they are very aggressive about pursuing infringers.

If you are perfectly "clean" - that is, you never perform copyright music without authorization, or your performances are always covered under the venue's license terms - then stand your ground.  But if you are infringing, then it's time to start negotiating, because it will be more expensive after they catch you.

[OMG IP]

And I mean, in a hypothetical world, "they" don't know what you're doing...

If you are playing their clients music publicly, it is not going to be hard for them either to catch you doing it again or to prove you've done it in the past.  Once they do that, they'll have plenty of leverage to negotiate.  If that sounds sleazy, so does commercial copyright infringement.

 

I'm pretty sure the law is not: "you need to get a license, just in case" - which is the exact reason I was given.

The law (from statute) is something to the effect of:  copyright owners have the exclusive right to prevent others from producing, reproducing, etc. unauthorized public performances of the  copyrighted material

[OMG IP]

I work with a lot of clients in the entertainment industry...  nightclubs, promoters, DJs and performers.

ASCAP, SESAC, and BMI are generally hated (and that's not putting it too strongly), but they are also feared.

They employ field agents to record and report violations, and they are very aggressive about pursuing infringers.

If you are perfectly "clean" - that is, you never perform copyright music without authorization, or your performances are always covered under the venue's license terms - then stand your ground.  But if you are infringing, then it's time to start negotiating, because it will be more expensive after they catch you.

There's clear economic considerations that come into play in these situations.  Does a client want to pay an attorney $5-10K to make a legal stand (i.e., letters, R&W, etc.)... or, just pay the $1K-2K license and be done with it.

I think the "field agent" aspect has gotten even lazier... it appears that now they have "consultants" across the country scouring the internet to find out where any public performances may occur, and then the calls or letter (threats) begin.

[Isaac]

There's clear economic considerations that come into play in these situations.  Does a client want to pay an attorney $5-10K to make a legal stand (i.e., letters, R&W, etc.)... or, just pay the $1K-2K license and be done with it.

Also, many (most) businesses do not have clean hands which makes the decision to cave a bit easier.  I'm a lot more sympathetic about cases where innocent businesses are approached, but I hear only rare stories about innocent DJs being hounded, and of course the occasional case where ASCAP approaches someone who is playing music for horses.

[chugan]

My experience (at least with BMI) is that it will go to great lengths to settle a dispute with a venue before filing suit.  And, it usually involves several years of alleged overdue license fees.

Chris

http://nashbillies.wordpress.com/