The other side of laser show copyright - Music: How to manage licenses, rights?

[drlava]

This forum has seen its share of talk of copyright limitations of show files, but there is another side to the lasershow coin that I haven't yet seen discussed - the copyright limitations placed on most music by the music industry. These limitations can include distribution restrictions, public performance restrictions, and copying restrictions (typically all 3), among others. Distribution of copyrighted music for profit is seen as especially heinous to the lawbooks, and it carries its own higher level of fines and punishment. Yet commonly we see show packages with music for sale by professional artists. They must have solved the problem, so how does someone like us navigate this minefield successfully?

[mixedgas]

This forum has seen its share of talk of copyright limitations of show files, but there is another side to the lasershow coin that I haven't yet seen discussed - the copyright limitations placed on most music by the music industry. These limitations can include distribution restrictions, public performance restrictions, and copying restrictions (typically all 3), among others. Distribution of copyrighted music for profit is seen as especially heinous to the lawbooks, and it carries its own higher level of fines and punishment. Yet commonly we see show packages with music for sale by professional artists. They must have solved the problem, so how does someone like us navigate this minefield successfully?

Hum, as a former commercial program type there were ways around this, it depends on WHOM owns the rights to what.

There is a reason you don't see laser Billy Joel, Not allowed by artists choice.

Depending on the rights group, ASCAP, BMI, or Publisher, ie Sony, it can be anywhere from a single song playback fee to a site license to a dreaded "Motion Picture Visual Rights Use Contract"

Hint, if your on a academic campus, don't even bother to call them.
Academic use at a accredited school is almost always free. We did that for the NYE show for 20,000 people. response for 8 different songs, was "have a good show..."

Most of us here are roughly comparable to a DJ. Look at how they do it (if they do it.)

ILDA was working on this a while back.

I do know ASCAP and BMI pay people to drive around looking for violations, ie businesses having a radio or cd player on.

So you have to call the licensing group, on a per song basis.

I was told at one time that you could license with one and cover most of the others under reciprocity agreements... Never got that far with the contract at that point.

Of course there is non copyright works out there, and stuff for like magicians and clowns that is royalty free.

Steve

[buffo]

Typically you need a "Synchonization" license in order to be legal, since you are synching the music to another form of art - namely the lasers.

You can pay a stipend to one or more of the big houses (like BMI) for blanket coverage of their entire songbook, or, if you only do a few shows a year, you can negotiate a per-song license with them. You can also try to negotiate with the original copyright holder, but that can often be more difficult than dealing with BMI.

Also note that *most* reputable venues already have licenses with the major firms. Check on that first before you go out and buy your own...

Adam

[drlava]

What are the typical costs, if you know, of these licenses? I have never heard of a synchronization license, will have to remember that next time I start tapping my foot to radio in public.

More specifically, we should differentiate between a license for distribution of the audio with the laser material by the professional show author, the public synchronization license that Adam is referring to for the performance itself, and a license for re-distribution of the audio via resale through 3rd parties to the aritst eg. software vendors who have show libraries.

What I would like this thread to become is a sort defining and more importantly facilitation aid in getting things done. Links to resources, contact info, expected prices, etc.
thanks for your informative posts so far!

[buffo]

What are the typical costs, if you know, of these licenses?

I don't know, since I haven't had to file for one (yet). Clandestiny has a couple of them, perhaps he can shed some light on the subject.

I have never heard of a synchronization license

Go to the BMI website, and look at the different licenses you can buy. You'll see definitions of the different types of copyright "rights" that you may need, depending on your use of the original material.

will have to remember that next time I start tapping my foot to radio in public.

I hope you are joking... Radio is already covered under it's own license. And unless you are re-broadcasting the radio program, you have no liability, as you are not "copying" the original work. Now, if you decide to record music on the radio and then you perform a *public* "toe tapping" performance using that recorded music, then you *might* need a license. In this instance it would come down to whether it was truly a "public" performance (the usual standard applied is, "Is there commerce, either direct or indirect, involved, or is a municipal body sponsoring the event in lieu of commerce) or not. More on this is available on the BMI site.

What I would like this thread to become is a sort defining and more importantly facilitation aid in getting things done.

As I mentioned above, it is normally the responsibility of the event organizer (which usually means the venue manager) to secure the license. For example, a band hired as an independent contractor to play at a bar does not have to have the license - the bar owner does.

Thus, since laser shows are almost always contracted out as part of a larger event, it is the event organizer who would need to have the license. This is spelled out in the FAQ on the BMI site.

Adam

[mixedgas]

synchronization was the motion picture one I was thinking of.

Note that a lot of the software companies hire a composer to avoid this. There is stuff on the Pango disk that is that way.
Lobo had a house band at one time. Trance Opera, I have their album.

Steve

[flecom]

Also note that *most* reputable venues already have licenses with the major firms.

yep, i know the miami science museum has a bunch of those public performance license things that cover pretty much everything...

[greenalien]

Luckily, there are plenty of musicians who aren't signed to record companies, who release their music under 'copyleft' or 'creative commons' licensing.

A couple of websites that use these systems are :

http://www.electrobel.be/

http://www.dance-industries.com/home.php

Read the details on each site, but basically no royalties are payable but full credit must be given where appropriate.

I'm sure their contributors would be grateful for the publicity, especially if a laser show with their music was posted to You Tube.

[Jem]

Not quite on topic but...

I've got so sick of being hassled by the PRS and PPL in the UK that I now only play Royalty Free Music in all our business premises.

What really gets me is that if you play the radio on business premises you're supposed to have a licence, yet, the radio stations have already paid huge licence fees to broadcast the music in the first place. If I play a CD, i've had to buy that CD and am advertising the artists music for free.

Apparently if I issue all my Lab staff with personal radios and headphones no licence is necessary as they are all listening privately. However, if I turn on a radio so they can all hear it, this constitutes a public performance and a licence is needed.

If all businesses would take this view and moved over to playing Royalty Free Music the record companies would then lose their free advertising of their artists music.

Can I just say here that i'm not against artists been rewarded for their work, it's the system that I find ridiculous. We make an annual voluntary 'contribution' to the running of the Royalty Free music station and the artists are extremely grateful for the exposure. There are some superb unsigned artists out there who deserve a decent break.

Jem