Re: Composers should also get paid

[Bill Fox <billyfox@soundscapes.us>]

This is a great topic.  I'm glad it is being discussed.  I'm a few days 
behind at reading this list so I hope I'm not just rehashing ground 
already covered.

Rev Fever wrote:
>> But the restaurants etc are mainly billed for using the music, not 
>> only the actual copy of the recording of the music. Those are two 
>> different rights, normally owned by composer/publisher and record label.
> You again make a very good point, Thanx for that.
> But, I still do not see how a place's profits are verifiably 
> "increased" for them featuring recordings, or cover tunes being played 
> live, and why they should be "billed" for doing so?
Have you ever been to a grocery store that doesn't play music?  Probably 
not.  There's a reason for that.  It is a proven fact that people buy 
more food at a grocery store if there's music playing.  They buy even 
more if the music uplifts the publics mood.  Therefore, there is a 
direct link between playing music and increased profits.  This can be 
extrapolated to almost any environment.  This is why BMI and ASCAP 
license music to businesses.  It is perfectly within their legal domain 
to do this.

Regarding establishments that hire live music: A friend of mine played 
piano at a small establishment in Columbus, Ohio.  He was allowed only 
to play music that is in the public domain because the owner did not 
want to pay for a license from BMI or ASCAP.  Eugene desperately wanted 
to play Dave Brubeck's music in order to make the job as fun as 
possible.  So he wrote to Brubeck himself and received written 
permission to play his music royalty free at this particular establishment!

Regarding businesses that get caught using music without paying for a 
license:  I'm willing to bet that it is not generally known that this is 
required.  After all, many of us on this list are being enlightened by 
this discussion and we're *in* the biz.  Your average Joe Blow business 
owner who knows nothing about the music biz will have no idea.  When BMI 
and ASCAP go into a place, my guess is that they use a heavy hand and 
issue a cease and desist order as a means to educate the business 
owner.  Some people react by paying fines and sign up for a license.  
Some people negotiate away the fines and start paying for a license.  
Some people just get so pissed off that they fire their entertainment 
out of spite.  A good business person with a level head will take the 
time to assess the situation's financial implications and act accordingly.

Cheers,

Bill