Originally Posted By: CocoTex
Originally Posted By: Pat Marr

When cover bands play somebody's protected music, somebody pays a fee... usually the establishment hosting the music.


Hi, Pat.

I don't mean to start an argument, but no, when no license is in place, no one pays a PRO fee. Maybe you mean "often" or "usually" somebody pays a fee, but, I know plenty of small venues that don't have licenses, that have tributes, and I know one medium and popular venue that has live music on regular schedules.

And then you get into licensing for all PROs for a venue. BMI, ASCAP, and SESAC. It's a contentious situation, and can be rife with arguments. How many TVs there are in a bar, how many music speakers, how many typical customers vs. the fire code approved limit. Churches are exempt, don't get me started on that.

Yes, you are correct that in some instances PROs notify the venue and threaten them, and occasionally I've seen a law suit. Though the license fees would be low, still all things being relative, they would put enough strain on a place to either have them cease, or only allow originals and even that is not an exemption if you ask a PRO. It opens a can of worms if all the PROs get involved, BMI wants $500, ASCAP follows, $700, SESAC jumps in an wants $800. The minimum total I've seen is $1500/year.

In my home state, Louisiana, it is common for a venue to post "Only BMI (or whatever PRO) songs are played here", and to enforce it. I saw a bar manager go on stage and physically stop a band. I guess it was a song he knew was not their licensed PRO. Battling a PRO in court is like an ant taking on a boot. Deep pockets and millions of $s involved. The PRO is not going to lose.

Anyway, sorry it that sounds like a vent, not my intention.


Well...... yes and no...

I always thought that a venue paid one PRO and there was a formula in place to "evenly" divide the royalties to the right parties. Rarely will a venue (nightclub) owner contact the PRO to pay royalties on live music..... it's up to the PRO to walk in the door and explain the law and collect the royalties. I'm sure there are tens of thousands of places that don't think they are complying but actually are. In many cases, if a location has commercial music or TV for their customers, the provider is collecting the royalties in the monthly subscription and the venue never sees the bill.... but they are paying regardless. If the place has a radio, live music, or uses a jukebox, that's where the PRO is interested in talking to the owner. I played in a club house band and we were "asked" to submit our set lists to the owner for a PRO review by ASCAP. There was an ASCAP sticker on the door but not a BMI or SESAC sticker. They also made a list of the songs on the jukebox.

Churches are not exempt. They have to pay license and royalties, although they do it with a different company IIRC.... one of the music ministers here can give you the specifics. I was at a church where they were very strict about the music used and that it was properly licensed. (regarding congregational tunes and choir as well as anything in the drama skits as well)

Regarding the "Only BMI music played here" signs..... man that would be hard to enforce. Especially if they have live bands or a jukebox.

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