What's the big deal about Licensed Music
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Music so permeates our culture that we take for granted the right to play it.
However, performing rights organizations like ASCAP and BMI do not take it for
granted. They know, and so should you, that a licensing agreement is required to
legally play copyrighted works.
It does not matter if you own the CD that is playing for your callers on hold.
It does not matter that it is really the radio station that is broadcasting the
songs you have piped in as your "on hold" music. It does not even matter if you
are a non-profit organization. Licensing is required. If you think music
copyrights are a non-issue, all you need to do is look at the fervor over
Napster.
What If You Fail To Get A License?
If you fail to license the music you are playing, perhaps nothing will happen.
Due to the difficulty of monitoring the millions of performances of copyrighted
music that take place every day, perhaps you will not be caught. However,
increasingly representatives from ASCAP and BMI are contacting businesses that
use music to determine whether the music has been licensed. Even more worrisome
is that a disgruntled employee or aggressive competitor might "report" you to
these organizations.
Instead of asking whether you will be caught, ask what can be the consequences?
Actual damages as well as statutory damages of up to $20,000 can be awarded for
each copyrighted song performed without a license. The damages can be up to
$100,000 if the infringement is willful. Those who willfully infringe on a
copyright for commercial advantage or private gain can be fined, sentenced to
jail time of up to a year, or both.
Obtaining a License:
There are many different types of licensing agreements intended to serve
different needs. You may contact the performance rights organizations yourself
to see what is offered. ASCAP and BMI license performance rights for most of the
music copyright holders in the United States.
An easy solution is to make Rhythm
and Grooves your message on-hold provider. We handle the licensing for you. This is included in
the cost of our services.
sources:
Mike Wilson, attorney.
ASCAP - the American Society of
Composers, Authors and Publishers: www.ascap.com
BMI - Broadcast Music, Inc:
www.bmi.com |
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