ASCAP and other fees?

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punkin

punkin

Univalve & Avatar Speaks
My drummer and I are in a bit of an arguement. Is there a steadfast rule that says when or if you can play current or popular tunes live and for profit? Typically we play our own stuff or old cover tunes but we would like to play some tunes that we're currently hearing on the top 20 list but I'm pretty sure you can't just do that without paying some sort of royalties if/when playing in public for profit.

Could someone please clear this up for us? Thanks!
 
Usually the venue pays a fee.

In a symphony, there is a yearly fee to ASCAP/BMI then we can play anything we want. Symphonies do a lot of Pop stuff in the summer. As for you, I am assuming that if you are in a bar playing, the bar will be covered if they pay an annual fee.

Old of New doesnt matter unless "old" means before 1923. Anything before 1923 is Public Domain.
 
Thanks for the reply...

That's kinda what I thought. In our case, we're looking at some private parties...how would that work...people are still getting paid so I'm assuming that if the casual office party arranging committee doesn't pay, then we the band should. Sound right?
 
You are gonna be fine, dont worry about it. It doesnt matter at an office party. Dont quote me on this, but I would be not one person in the history of music has got in trouble for playing a song at a party, it is probably under a clause called "fair usage".
 
Music played at a private event is not subject to ASCAP/BMI scrutiny. The intent of ASCAP/BMI is to collect fees from business use of music (juke boxes, live music venues, films, TV, etc)
 
At a local cafe in my town you cannot play covers of any band. The cafe is a sort of charity non-profit organization so I guess they don't want to mess with any copyright stuff.
 
I've seen job postings for ASCAP looking to hire people who travel around to different venues, going to shows to see what's being played and if royalties are/are not being paid. I just think that's sort of interesting. If you pay the fee to ASCAP/BMI then you are free to perform/record anything in their catalogue. If it's not in their catalogue, then I guess you'd have to pay a fee to whoever owns the publishing rights.

I'm certainly no legal authority, but I would concur with DavidK that if it's a private party, you're probably okay.
 
If you are being paid to play songs, then you are receiving enrichment for said performance. If you are being enriched for playing songs that belong to others, I am guessing that it doesn't matter if you are doing it in a bedroom or a bar room.

Of course, in Alamosa, Colorado, it is a crime to keep a house where unmarried persons are allowed to have sex. Doesn't mean anyone gets busted for it though.
 
yea dude, don't worry...i doubt the feds will bust down your door because you made $50 playing some limp bizkit covers at the dive bar down the street
 
you could get paid that much for playing limp covers? where do i sign??? :D
 
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