- #1
david90
- 312
- 2
I own a beauty salon and I'm wondering if I need to pay royalty when playing music and movies that I own. I want setup video and music on demand for waiting customers.
Cyrus said:Do you really think someone from the music industry is going to walk in and say you're playing music for customers!
Here's a full list of the affected clubs:
Salty Dawg II, Tucson, AZ
Foxfire Room, N. Hollywood, CA
Pelican Isle, Huntington, CA
Skylark, San Francisco, CA
Snake Pit, Denver, CO
Humphrey's East, New Haven, CT
Kashmir, West Palm Beach, FL
Tequila Willie's, Melbourne, FL
Sanctuary, Atlanta, GA
Rome Street Tavern, Carrollton, GA
O'Hare Gaslight Club, Chicago, IL
Club Paradise, Angola, IN
Registry, Crown Point,
IN Red Maple, Baltimore,
MD Holiday Inn Southfield, Southfield, MI
Razzles, Westland, MI
Janae's West, St. Louis, MO
Cody's Chinese Bistro, Raleigh, NC
Manhattan on Pearl, Nashua, NH
Fusion 215 (f/k/a Nest), New York, NY
Montage Grill, Rochester, NY
Hiro Ballroom, New York, NY
Doghouse Bar & Grill, North Royalton, OH
Nuno's Bar & Grill, Austin, TX
Oakley's, Waco, TX
Ibiza Dinner Club, Seattle, WA
the varied nature of the list makes it clear that ASCAP is trying to send the message here that no matter where your bar, nightclub, restaurant, or other venue is, ASCAP reps are listening.
Here's a full list of the affected clubs:
Salty Dawg II, Tucson, AZ
Foxfire Room, N. Hollywood, CA
Pelican Isle, Huntington, CA
Skylark, San Francisco, CA
Snake Pit, Denver, CO
Humphrey's East, New Haven, CT
Kashmir, West Palm Beach, FL
Tequila Willie's, Melbourne, FL
Sanctuary, Atlanta, GA
Rome Street Tavern, Carrollton, GA
O'Hare Gaslight Club, Chicago, IL
Club Paradise, Angola, IN
Registry, Crown Point,
IN Red Maple, Baltimore,
MD Holiday Inn Southfield, Southfield, MI
Razzles, Westland, MI
Janae's West, St. Louis, MO
Cody's Chinese Bistro, Raleigh, NC
Manhattan on Pearl, Nashua, NH
Fusion 215 (f/k/a Nest), New York, NY
Montage Grill, Rochester, NY
Hiro Ballroom, New York, NY
Doghouse Bar & Grill, North Royalton, OH
Nuno's Bar & Grill, Austin, TX
Oakley's, Waco, TX
Ibiza Dinner Club, Seattle, WA
Astronuc said:I believe as long as one does not sell the songs/tunes, but simply plays them, then one can legally play any music one likes under fair use.
WHO HAS TO HAVE A PRS MUSIC LICENCE?
Any location or premises, outside of home, where music is played from clubs to concert halls, from discos to dentists’ waiting rooms and from trains to takeaways. The owner/proprietor of the premises is normally responsible for obtaining a PRS Music Licence for the public performance of copyright music.
Cyrus said:There is a huge difference between playing music at a club and a small hair cut shop.
…
I'd say its very, very, very, very, very, unlikely that anyone would ever say anything about you playing music at your joint.
WHY DO I HAVE TO PAY ROYALTIES?
The short answer to the question above is: Because the law says you do. But, clearly, some further explanation is needed as to why, for example, a merchant has to pay to play radio music in his or her store, when playing the radio or listening to tapes at home or in one’s car is "free."
The long answer starts with the United States Constitution, which gives Congress the power to grant patents and copyrights. Pursuant to that power, Congress has enacted and amended various copyright laws. The Copyright Law of the U.S. today gives copyright owners the exclusive right to publicly perform or authorize performance of their works.
Generally speaking, public performances are very broadly construed under the law and are defined as performing "at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." This has been interpreted to mean that most performances at so called private clubs and fraternal organizations are "public" under the copyright law.
Early versions of the copyright law limited the exclusive right to performances given "publicly for profit." Today, however, the "for profit" limitation has been repealed and only an explicit list of exempt performances do not require a license from the copyright owner. These include performances by instructors or students during face to face teaching activities of nonprofit educational institutions, performances of music in the course of religious services at a place of worship, and performances by the public communication of a radio or television transmission by eating, drinking, or retail establishments of a certain size which use a limited number of speakers or televisions and if no charge is made to see or hear the transmission (See Section 110(5) of the Copyright Act as revised. See www.lcweb.loc.gov/copyright).
. . . .
Given the broad scope of the protection given copyright holders and those assigned their rights, anyone whose business in one way or another performs music for its customers or members should be aware that they may be called upon by one or more of the major performing rights organizations to license the performance of copyrighted works in their respective repertories. Buying a license from one performing rights organization, say BMI, does not protect a business from liability for unauthorized performance of songs in ASCAP’s or SESAC’s repertories.
A list of places and events at which licensing could be required includes, but is not necessarily limited to: restaurants, bars, clubs and hotels where live or recorded music is played; shopping malls; stores that play broadcast or recorded music; spas, gyms or other sites that offer exercise to music; trade shows; conventions; dance studios; skating rinks; private clubs or fraternal organizations; offices and stores that use “music on hold” for telephone customers; sports teams; colleges and universities; amusement parks; bowling centers; and the Internet.
. . . .
. . . .BMI, SESAC, and ASCAP maintain standard fee schedules for different classes of businesses and organizations that set out the basis for fees and from which businesses can determine their cost of an annual license. These organizations have different rate schedules for various industries. For specific information, contact them at the addresses listed on the back of this brochure.
No, you are talking about playing music for free where they can just walk in and see you stealing music.
The legality of playing personal music and movies in your shop to customers depends on several factors, including the type of content being played, the location of your shop, and any relevant copyright laws. It is important to consult with a legal professional to ensure that you are not infringing on any rights or laws.
No, you cannot play any type of music or movie in your shop without proper licensing or permission from the copyright holder. It is important to obtain the necessary licenses or permissions before playing any copyrighted content in your shop.
Yes, you need a license to play music and movies in your shop. This is to ensure that the appropriate royalties are paid to the artists and creators of the content being played. You can obtain a license from organizations such as the American Society of Composers, Authors, and Publishers (ASCAP) or the Broadcast Music, Inc. (BMI).
Yes, it is important to inform your customers that you are playing personal music and movies in your shop. This can be done through a notice or sign posted in a visible location. This will help to avoid any potential legal issues and ensure that your customers are aware of the content being played.
Yes, you can potentially get in trouble for playing personal music and movies in your shop without proper licensing or permission. This can result in legal action being taken against you for copyright infringement. It is important to follow all necessary laws and regulations to avoid any legal issues.