You have the right to keep music silent
September 10, 2003
Your door bursts open, and uniformed guards hand out fines. All this for copyrighted music? It’s doubtful: The “copyright police” is simply a myth.
According to Title 17 of the United States Code, copyright is a “form of intellectual protection that is provided to the authors of original works and authorship.” The association that deals with this branch is called the American Society of Composers, Authors and Publishers (ASCAP).
ASCAP and Broadcast Music, Inc. (BMI) are the only U.S. performing-rights organizations that protect the rights of musicians, songwriters and composers. ASCAP/BMI cover all areas of the musical spectrum and try to make sure royalties are distributed to those who created music that is played in businesses. Anyone can join ASCAP/BMI to get original material copyrighted.
The companies then license the right to companies to use the entire musical library for a span of time, usually one year. If you have the license, you can play any song from the library in your establishment. Small businesses are exempt from paying the licensing fee to listen to the radio, for example, but clubs and hotels have to pay. ASCAP prefers to deal only with the establishment and not through disc jockeys or live bands.
ASCAP commonly is confused for a sort of “copyright police,” but is not extremely forceful with sentencing. ASCAP representatives visit businesses to check if they have a license to play the library of music. If they don’t have this license, then ASCAP sends letters requesting them to purchase the library rights. If the establishment ignores these letters, they could be fined.
ASCAP is not always right, though, according to statements made by Gene Quinn, visiting professor of law at Syracuse University, on www.IPWatchdog.com. Quinn wrote, “[ASCAP] will send threatening letters to folks who quite clearly do not need a license because they are of a size that makes them exempt.”
Record Revolution, 817 W. Lincoln Highway, is exempt from ASCAP fines. Owner Mark Cerny said royalties were built in all the products they sell.
“ASCAP/BMI mainly targets radio stations and food and beverage establishments, where they get 90 percent of their revenue.”
Cerny said he thinks places like travel agencies could fall under the “gray area.” Never, in the 30 years he’s been in business, he said, has anyone even inquired at his store or any other music store he knows of.
“We’re the sacred golden goose,” he said. “They don’t touch us.”
Though the possibility that any establishment in DeKalb being fined for playing copyrighted music is low, businesses still should be aware that unless they are musically affiliated, they are not exempt and need to get a license to play music.