Legality of Performing Music as a Mobile Disc Jockey
I had a conversation last Wednesday about this topic and needed some answers. Here is what I found.
PART I – RULES and GOALS
There are RULES and there are GOALS. The RULES are put in place to help achieve the GOALS.
RULE – You get to work by 9am because Bossman says so. That’s how you keep your job.
GOAL – You took your job because you wanted/needed to earn money for [fill-in-the-blank] and/or hopefully enjoy what you do. : )
RULE – You have to pay fees to attain licenses to use/perform/enjoy/duplicate/etc. copywriten music.
GOAL – To pay the artists with the creativity, time, and ability to create (read: work) something good enough for you to use/perform/enjoy…etc. “You like a Quizno’s sub? Hey, we do to. But if you don’t pay for it, then we won’t be able to keep providing it for you.”
Summary: When we support artists, we allow them to keep providing us with the music we love. This is the GOAL.
PART II – As a Mobile Disc Jockey
Why Get A Performance License?
Music is property of the song writers who created it.
http://www.ascap.com/licensing/pdfs/…_biz_moves.pdf
What Is A Public Performance?
“A public performance is one that occurs ‘in 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.’ A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public.”
http://www.ascap.com/licensing/termsdefined.html
What Type of License Should A Disc Jockey Get?
The ASCAP Music-In-Business [Blanket] License covers: “A piano player, disc jockey, or band performing at a reception, dinner or party.”
http://www.ascap.com/licensing/pdfs/…_biz_moves.pdf
What Does The ASCAP License Do?
“Whether your music is live, broadcast, transmitted or played via CD’s or videos, your ASCAP license covers your performances.”
http://www.ascap.com/licensing/licensingfaq.html
Aren’t Musicians, Entertainers and DJ’s Responsible for Obtaining Permission for Music They Perform?
“Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.”
Summary: If you perform as a Disc Jockey for a public event, the venue/business owner is required to have a performance license. If you are performing privately, such as at a wedding or anything more than a small social gathering of friends and/or family, you have to carry the license.
PART III: Legal Aspects of Downloading Music
Limewire or other companies claiming only for “Professional DJ use” – All parties involved would have to have licenses to make this legal, and I believe it still doesn’t meet Item D below. I would ask these “services” what type of BMI or SESAC license they have, as I doubt they have any, making it not “all good” as a DJ.
Non-Interactive Licenses
The Non-Interactive 5.1 license is intended for services that perform ASCAP music in a non-interactive manner, meaning performances of specific songs are not selected by users.
Examples of transmissions that qualify for Non-Interactive 5.1 include:
* ‘Webcasts’
* Streaming background music
* Previews or ‘samples’ (song excerpts that are 60 seconds or less in duration)
Interactive License
The Interactive 2.1 license is intended for services that perform music in an interactive manner, meaning performances of specific songs are selected by users. [Limewire, Pandora, etc.]
Examples of transmissions that qualify for Interactive 2.1 include:
* ‘On-Demand’ performances (e.g., Internet jukeboxes and music videos)
* ‘Custom radio’ (user-determined play-lists)
From those licenses:
“C. This license is limited to Transmissions originating from, and Transmissions that are accessed by Users from within, the United States, its territories and possessions, and the Commonwealth of Puerto Rico. [meaning: You can not legally download performances from non-U.N. regulated countries if you live in the US.]
D. Nothing in this agreement grants you, or authorizes you to grant to any User, or to anyone else, any right to reproduce, copy or distribute by any means, method or process whatsoever, any of the musical compositions licensed by this agreement, including, but not limited to, transferring or downloading any such musical composition to a computer hard drive, or otherwise copying the composition onto any other storage medium.”
http://www.ascap.com/weblicense/reports/
PART IV – CARRYING RECEIPTS
I can’t find an answer to prove this, but I know that the large multi-ops in the area do it. In Washington State, you are required to carry with you to every performance a receipt of purchase for all copywritten music not in original form (everything on your hard drive(s) or duplicated CDs).
Thoughts?
-j
Note: I am not an authority on this and, while I have provided quoted material, this in only my opinion. : )