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.

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