Sooo... does anyone understand the legal issues?

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wheresmygravy
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Sooo... does anyone understand the legal issues?

#1 Post by wheresmygravy » Wed Jan 07, 2004 2:26 pm

As Rueben just pointed out on another thread, many venues/DJ's may not have all of the ASCAP, BMI, etc stuff figured out.

I, for one, have no idea what is needed to protect myself for any questions of correctness. I believe the venue I DJ at on occasion does have their ASCAP, but is that enough?

Questions that come to mind, of course all hypothetical:

1. What licenses should the venue have?

2. What licenses should we have as DJs?

3. What about using copies of material we have previously bought and keep the original in a safe place, while using the copy to DJ from?

4. Assuming you have your license to play publicly, can you use music from Itunes or Emusic which you purchased?

5. And on a completely seperate note. Do USED CD stores have to pay additional royalities for the re-sale of music???

I heard about a year ago that there may be huge thing come up over the sale of "Competition" Videos from dance events because of music licensing. That would be a big blow to the West Coast scene.

Discuss....

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Yakov
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#2 Post by Yakov » Wed Jan 07, 2004 2:52 pm

yup, we're all breaking the law.

the only unquestionable thing in the list is used cd stores & sellers: they're safe for now.

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Bob the Builder
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#3 Post by Bob the Builder » Wed Jan 07, 2004 3:27 pm

Well here are some links to the copyright laws here in Australia. From my understanding the format is the same internationally.
link 1
link 2
I yet have to come across any swing venue where that does it. I know at my wedding last April the church insisted that I had paid copyright for the music that was recorded during the day on the Video tape.

Brian
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Toon Town Dave
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#4 Post by Toon Town Dave » Wed Jan 07, 2004 7:01 pm

I don't know about the ASCAP rules exactly but I believe its similar to SOCAN (the Canadian version/affliate of ASCAP) which requires the venue/facility have a license when there is a public performance. This applies not only to DJ'd music but also live bands, playing the radio (which ironically pays a licence fee to broadcast already) and whatever works fall under SOCAN/ASCAP ownership. That covers most stuff that is still copyright.

The SOCAN web site used to have a FAQ that suggested if the organizer of an event is unsure if the hall/venue has a licence they _should_ purchase one anyway. Most halls that are in the business of holding events have a licence and just include it in the facility rental or add is as a separate surcharge. The SOCAN fees are more-or-less government regulated tariffs categorized pretty much the same as ASCAP does.

SOCAN does make examples of small places like hole in the wall cafes in the Northwest Territories so they are probably not adverse to cracking down on a college/university weekly swing night. Most of the penalties are equivalent to what the fees would have been had the facility been properly licensed.

In terms of the music you play, that falls under the jurisdiction of the AVLA up here (not sure the US equivalent). for $250/year you can DJ from one hard drive of music (mp3s) from original source or for $125/year you can have 100 "programs" (CDs, Mini-Discs, etc) which are duplicated from original media. There are a few DJ associations that include a license or three with annual membership which is about $250.

shortyjul
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#5 Post by shortyjul » Wed Jan 07, 2004 8:27 pm

When I used to run ISDN DJ stuff, I was contacted and asked to buy an ASCAP/BMI license. The purchase would have worked out the the equivalent of like $1/song played each Wednesday night. I responded with proof of our NFP status and also with the average amount of $ brought in each week - barely covered expenses. Once it was seen that there was no money to be made, the request was dropped. I had last contacted them, asking them what they wanted me to do.

I am still waiting...



The moral of the story, kids, is that if there isn't money to be made, then don't worry about it too much...


....oh - and stay in school.

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LazyP
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Re: Sooo... does anyone understand the legal issues?

#6 Post by LazyP » Thu Jan 08, 2004 2:50 am

wheresmygravy wrote: 2. What licenses should we have as DJs?

3. What about using copies of material we have previously bought and keep the original in a safe place, while using the copy to DJ from?

4. Assuming you have your license to play publicly, can you use music from Itunes or Emusic which you purchased?

I heard about a year ago that there may be huge thing come up over the sale of "Competition" Videos from dance events because of music licensing. That would be a big blow to the West Coast scene.
2. As a DJ you don't need any licenses. The venue/arranger is responsible, you're just a employee.

3. No problem, you own them.

4. Depends on the contract between you and Itunes/Emusic. Read it carefully (then don't care at all since noone cares)

All people making/distributing videos that have music on them should have a license and pay fees for this.
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