Is Itunes music legal for a pub
- Thread starter Alw
- Start date
AfroCubanPerWor
Changui
I don't think it depends on locality. Copy right law is international. And I'm not sure what a pub is, but generally no -- you'd need a separate license to use music other than for personal use.
Well I'm more sure what pub is than what's meant by 'iTunes music'. While you might think copyright law is something universal, it is not. What kind of licenses/bribes/fees one must pay might change from place to place even inside the USA.
Over here it depends on the status of the venue - how public it is. And you can play any music as long as establishment has bought a license to do so and you can prove music is obtained in a legal manner. If you play in the event you might have to fill paperwork with specific songs and their authors. It's especially fun to fill the paperwork on your own songs, makes a good laugh.
P.S. Actually at times it's illegal to play your own music and not pay anyone, but have never heard that enforced.
AfroCubanPerWor
Changui
OK, I knew what a pub is. I was thinking of an ad or something for some reason. Here in the States it's VERY rare to see a bar with an ASCAP sign so while you don't have the rights to play it in a pub, I don't think anyone will ever know or care.
I was thinking of an ad or something for some reason. Here in the States it's VERY rare to see a bar with an ASCAP sign so while you don't have the rights to play it in a pub, I don't think anyone will ever know or care.The word " Pub " is an abreviation of Public house,.. term originating in England from many, many centuries ago . A Disco, normally , is in a " club " setting ( in the U.S. sometimes in bars/restaraunts ) .
If I recall, the word Discotheque. came from the French , to describe the setting for the 70s style of music .
Same here. How can someone not know what a pub is?
Many small towns in the U.S ,only have "bars ", and would not be aquainted, necessarily, with the word " Pub " for local usage .
bailar y tocar
Son Montuno
There have been incidents where legally obtained recorded music was used for commercial use for re-distribution. Examples of this are when someone makes a videoclip of a dance performance and then wants to sell the dvd or use the clip in some other way that would be considered commercial. One has to have the rights to the music to do that.
If you are plugging an iPod into a bar's stereo system, that should be the same as turning on the radio but its not which is a mess. Obviously if the music was illegally downloaded in the first place then uploaded to iTunes, its still illegal but who would know.
The legal liability also depends on if you are the bar owner or the DJ or both.
If you get in trouble tell them it was a Priv not a Pub and everyone was required to perform a choreography routine* flawlessly after drinking 5 pints in order to be allowed to stay.
*I wouldn't get into details on that aspect.
If you are plugging an iPod into a bar's stereo system, that should be the same as turning on the radio but its not which is a mess. Obviously if the music was illegally downloaded in the first place then uploaded to iTunes, its still illegal but who would know.
The legal liability also depends on if you are the bar owner or the DJ or both.
If you get in trouble tell them it was a Priv not a Pub and everyone was required to perform a choreography routine* flawlessly after drinking 5 pints in order to be allowed to stay.
*I wouldn't get into details on that aspect.
DJFreddy
Changui
When Do I Need A License To Play Music And Where Do I
Get It?
By. W. Edward Crooks, Esq.
Do I Need A License?
Music licensing is one of the most misunderstood topics in the field of intellectual property.
People often believe that if they purchase a music CD they have unfettered rights to the
play the music in whatever environment they choose. That belief is simply not true. The
purchase of a CD only gives the owner the right to listen to the music privately. Purchasing
a CD does not give the owner the right to perform the music publicly. Publicly performing
music requires an additional license.
A “public performance” is defined by the copyright laws as a performance “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.” There are a number of
gray areas when considering what constitutes “open to the public” and “a substantial
number of persons outside of a normal circle of a family and its social acquaintances.”
Music played at a restaurant or bar is a public performance, as is streaming music on a
web site and on-hold telephone music. But music played at a holiday party in your home
is not “public.”
Assuming a license is needed, who grants them?
First, it is important to understand the basics of music copyrights. Copyright protection
exists in both the (1) sheet music (musical composition) and (2) the sound recording
(performance of the sheet music). For example, in Patsy Cline’s hit Crazy, Willie Nelson
owns the copyright in the composition, as he wrote the song, but Patsy Cline’s record label
owns the copyright in the sound recording of her performance of the composition.
Luckily, where music is played over loudspeakers, a license is required for the sheet music
only. Why? Historically, there was no “public performance” right for sound recordings. In
1995, however, Congress granted sound recordings limited public performance rights by
digital transmission. A digital transmission is defined by the copyright laws as “a
transmission in whole or in part in a digital or other nonanalog format.” Examples of
digital transmissions include satellite television, radio broadcasts, and Internet streaming.
Therefore, if and only if the music will be publicly performed via a digital transmission, a
license for the sound recording is needed in addition to a license for the sheet music.
Who Is Responsible For Obtaining The License?
Although the duty to procure the appropriate licenses can be shifted by contract, all who
participate in, or are responsible for, performances of music are legally responsible.
However, disc jockeys and musicians are rarely, if ever, licensed. In most instances, the
broadcaster, premises owner, concert or gathering promoter, or the web site owner
obtains the license. If you are having a meeting, party, or concert at an establishment and
music will be played, it is best to inquire with the establishment owner to make sure the
establishment is properly licensed.
Where Do Interested Parties Acquire The Appropriate Licenses?
If you need to procure a music license, American Society of Composers, Authors and
Publishers (ASCAP), Broadcast Music, Inc. (BMI), and Society of European Stage Authors
and Composers (SESAC) are the three major performing rights organizations that function
CLEVELAND COLUMBUS AKRON NAPLES WWW.HAHNLAW.COM
as clearinghouses to license the public performance rights of music compositions.
Together, ASCAP, BMI, and SESAC can license virtually any Copyrighted song. Each has
a huge repertoire of composers that they represent, but none of the three companies
represents every Copyright owner. An ASCAP license therefore only allows the licensee to
publicly perform songs in ASCAP'S repertoire. The same is true for BMI and SESAC.
Unless a conscious effort is made to perform music exclusively from any single repertoire,
the safest choice is to acquire licenses from ASCAP, BMI, and SESAC. The repertoire of
each company is available online.
ASCAP, BMI, and SESAC have multiple license options to fit the needs of virtually any
event or establishment, taking into account the type of establishment, how the music is
performed, and how many people will be present. The choices range from single-event
licenses to annual blanket licenses.
If your establishment only uses a coin-operated jukebox that is operated by patrons, you
can purchase a single music license from the Jukebox License Office (JLO), rather than
purchase multiple licenses. The JLO is a collaboration of ASCAP, BMI, and SESAC that
was formed to simplify jukebox licenses. A single JLO license gives the licensee rights
under each of ASCAP, BMI, and SESAC repertoires.
If you are publicly performing music via a digital transmission, a license for the sound
recording will be required, in addition to the license for the sheet music. A license to
publicly perform a sound recording can be acquired either from the copyright owner or
from the U.S. Copyright Office. The license from the U.S. Copyright Office is called a
“statutory” license and can be purchased without regard to the copyright owner’s
permission.
Get It?
By. W. Edward Crooks, Esq.
Do I Need A License?
Music licensing is one of the most misunderstood topics in the field of intellectual property.
People often believe that if they purchase a music CD they have unfettered rights to the
play the music in whatever environment they choose. That belief is simply not true. The
purchase of a CD only gives the owner the right to listen to the music privately. Purchasing
a CD does not give the owner the right to perform the music publicly. Publicly performing
music requires an additional license.
A “public performance” is defined by the copyright laws as a performance “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.” There are a number of
gray areas when considering what constitutes “open to the public” and “a substantial
number of persons outside of a normal circle of a family and its social acquaintances.”
Music played at a restaurant or bar is a public performance, as is streaming music on a
web site and on-hold telephone music. But music played at a holiday party in your home
is not “public.”
Assuming a license is needed, who grants them?
First, it is important to understand the basics of music copyrights. Copyright protection
exists in both the (1) sheet music (musical composition) and (2) the sound recording
(performance of the sheet music). For example, in Patsy Cline’s hit Crazy, Willie Nelson
owns the copyright in the composition, as he wrote the song, but Patsy Cline’s record label
owns the copyright in the sound recording of her performance of the composition.
Luckily, where music is played over loudspeakers, a license is required for the sheet music
only. Why? Historically, there was no “public performance” right for sound recordings. In
1995, however, Congress granted sound recordings limited public performance rights by
digital transmission. A digital transmission is defined by the copyright laws as “a
transmission in whole or in part in a digital or other nonanalog format.” Examples of
digital transmissions include satellite television, radio broadcasts, and Internet streaming.
Therefore, if and only if the music will be publicly performed via a digital transmission, a
license for the sound recording is needed in addition to a license for the sheet music.
Who Is Responsible For Obtaining The License?
Although the duty to procure the appropriate licenses can be shifted by contract, all who
participate in, or are responsible for, performances of music are legally responsible.
However, disc jockeys and musicians are rarely, if ever, licensed. In most instances, the
broadcaster, premises owner, concert or gathering promoter, or the web site owner
obtains the license. If you are having a meeting, party, or concert at an establishment and
music will be played, it is best to inquire with the establishment owner to make sure the
establishment is properly licensed.
Where Do Interested Parties Acquire The Appropriate Licenses?
If you need to procure a music license, American Society of Composers, Authors and
Publishers (ASCAP), Broadcast Music, Inc. (BMI), and Society of European Stage Authors
and Composers (SESAC) are the three major performing rights organizations that function
CLEVELAND COLUMBUS AKRON NAPLES WWW.HAHNLAW.COM
as clearinghouses to license the public performance rights of music compositions.
Together, ASCAP, BMI, and SESAC can license virtually any Copyrighted song. Each has
a huge repertoire of composers that they represent, but none of the three companies
represents every Copyright owner. An ASCAP license therefore only allows the licensee to
publicly perform songs in ASCAP'S repertoire. The same is true for BMI and SESAC.
Unless a conscious effort is made to perform music exclusively from any single repertoire,
the safest choice is to acquire licenses from ASCAP, BMI, and SESAC. The repertoire of
each company is available online.
ASCAP, BMI, and SESAC have multiple license options to fit the needs of virtually any
event or establishment, taking into account the type of establishment, how the music is
performed, and how many people will be present. The choices range from single-event
licenses to annual blanket licenses.
If your establishment only uses a coin-operated jukebox that is operated by patrons, you
can purchase a single music license from the Jukebox License Office (JLO), rather than
purchase multiple licenses. The JLO is a collaboration of ASCAP, BMI, and SESAC that
was formed to simplify jukebox licenses. A single JLO license gives the licensee rights
under each of ASCAP, BMI, and SESAC repertoires.
If you are publicly performing music via a digital transmission, a license for the sound
recording will be required, in addition to the license for the sheet music. A license to
publicly perform a sound recording can be acquired either from the copyright owner or
from the U.S. Copyright Office. The license from the U.S. Copyright Office is called a
“statutory” license and can be purchased without regard to the copyright owner’s
permission.
Abayarde
Son Montuno
Interesting...
I wonder if this applies when the DJ has no earnings (and have no interest in receiving earnings) from it. If so, this may refrain any bona fide efforts and independent internet streamings like "Salsa De La Mata!".
This also applies on authorized promo copies?
earning power has little or nothing to do with the playing of music.. its about the artist receiving compensation .
Promos, as I understand it, are with the permission of said artists, hence the " pools " that exist .
The Man will come after you, and tame the wild. They just have bigger fish to fry for now.
Abayarde
Son Montuno
The Man will come after you, and tame the wild. They just have bigger fish to fry for now.
I would be happy if they audit royalties paid from record companies. the composers and musicians have no way to prove how many copies are really sold. Even today new big music stars receive just a fraction for each CD sold (in some cases, less than a dollar). it gets more complicated when we talk about legal downloads.
That's why most musicians prefer to record and distribute their work independently.
Pub, bar - potato, potato.