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[asterisk-users] NIN Ghosts music (free download) safe for M

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jkinard at closeup.org
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PostPosted: Mon Mar 10, 2008 12:15 pm    Post subject: [asterisk-users] NIN Ghosts music (free download) safe for M Reply with quote

-----Original Message-----
From: asterisk-users-bounces at lists.digium.com
On Behalf Of John Faubion

Quote:
Ok now I am curious, if a radio is playing in a store, a restaurant or at
the beach, wouldn't that be considered a public performance? And even though
the radio station has already paid the license fee, does this mean that the
person who owns the radio is also subject to these fees? I know of several
key systems with FM radio cards providing MoH and I've often wondered about
the ramifications of that setup and the music industry.

Well, ASCAP/BMI are stingy on collecting their fees -- one of them even went after a shop for playing the Monday Night Football theme just because they had the TV on that channel when it came on. It seems kind of ruthless if you ask me, but these guys play their cards well, and generally avoid attracting the same the kind of infamy that the RIAA has managed to garner. Unlike the RIAA, they actually pay out their collected royalties. I don't know what their fees even are, but I think they're not too bad from a business' standpoint.

Probably can't hurt to call them up and just ask. They might be willing to explain things in better detail. Just be wary if they want your company's information Smile
--J
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Brig.McCoy at tkaccess...
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PostPosted: Mon Mar 10, 2008 12:40 pm    Post subject: [asterisk-users] NIN Ghosts music (free download) safe for M Reply with quote

ASCAPs information is here:

http://www.ascap.com/licensing/generalreports.html

BMIs information is here:

http://www.bmi.com/licensing/?link=navbar

...brig

Brig C. McCoy
Network Administrator
ThyssenKrupp Access Corp
4001 E 138th ST
Grandview, MO 64030
-----Original Message-----
From: asterisk-users-bounces at lists.digium.com
[mailto:asterisk-users-bounces at lists.digium.com] On Behalf Of Joshua
Kinard
Sent: Monday, March 10, 2008 12:15 PM
To: Asterisk Users Mailing List - Non-Commercial Discussion
Subject: Spam:Re: [asterisk-users] NIN Ghosts music (free download) safe
for MOH?

-----Original Message-----
From: asterisk-users-bounces at lists.digium.com
On Behalf Of John Faubion

Quote:
Ok now I am curious, if a radio is playing in a store, a restaurant or
at
Quote:
the beach, wouldn't that be considered a public performance? And even
though
Quote:
the radio station has already paid the license fee, does this mean
that the
Quote:
person who owns the radio is also subject to these fees? I know of
several
Quote:
key systems with FM radio cards providing MoH and I've often wondered
about
Quote:
the ramifications of that setup and the music industry.

Well, ASCAP/BMI are stingy on collecting their fees -- one of them even
went after a shop for playing the Monday Night Football theme just
because they had the TV on that channel when it came on. It seems kind
of ruthless if you ask me, but these guys play their cards well, and
generally avoid attracting the same the kind of infamy that the RIAA has
managed to garner. Unlike the RIAA, they actually pay out their
collected royalties. I don't know what their fees even are, but I think
they're not too bad from a business' standpoint.

Probably can't hurt to call them up and just ask. They might be willing
to explain things in better detail. Just be wary if they want your
company's information Smile


--J

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jra at baylink.com
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PostPosted: Thu Mar 13, 2008 11:09 am    Post subject: [asterisk-users] NIN Ghosts music (free download) safe for M Reply with quote

On Mon, Mar 10, 2008 at 02:59:04AM -0500, John Faubion wrote:
Quote:
Quote:
But, just to clarify, please remember that using music as MoH
is considered a "public performance", and if the pieces in
question do not include a buyout license *for the performance

Ok now I am curious, if a radio is playing in a store, a restaurant or at
the beach, wouldn't that be considered a public performance? And even though
the radio station has already paid the license fee, does this mean that the
person who owns the radio is also subject to these fees? I know of several
key systems with FM radio cards providing MoH and I've often wondered about
the ramifications of that setup and the music industry.

It does, in fact, mean that in the US, and lots of people are unhappy
with the double-dip this implies.

ASCAP and BMI both have small-store exceptions, which largely (though
not strictly) amount to "if you don't have speaker wires inside walls,
you're ok".

Cheers,
-- jra
--
Jay R. Ashworth Baylink jra at baylink.com
Designer The Things I Think RFC 2100
Ashworth & Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA http://photo.imageinc.us +1 727 647 1274

Those who cast the vote decide nothing.
Those who count the vote decide everything.
-- (Joseph Stalin)
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jra at baylink.com
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PostPosted: Thu Mar 13, 2008 11:12 am    Post subject: [asterisk-users] NIN Ghosts music (free download) safe for M Reply with quote

On Mon, Mar 10, 2008 at 03:55:52AM -0500, KodaK wrote:
Quote:
On the subject of hold music, I've been using stuff from stock20.com.

I'm very impressed with their license contract; it's the clearest I've
seen.

I'm not sure how they get ASCAP and BMI, having been granted any rights
to collect on their behalf at all, to *only* want to collect on
regional/national performances (that is, I'm not sure the agency
contract they sign with the PROs permits them to limit the PROs agency
to only those cases...), but at least it sounds like they'll understand
the question if I ask it.

Nice catch.

Cheers,
-- jra
--
Jay R. Ashworth Baylink jra at baylink.com
Designer The Things I Think RFC 2100
Ashworth & Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA http://photo.imageinc.us +1 727 647 1274

Those who cast the vote decide nothing.
Those who count the vote decide everything.
-- (Joseph Stalin)
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