BMI licensing fees

MeYatch · Post by **MeYatch** » Tuesday Dec 12, 2006

here's a story about a Des Moines blues club which has been hit with extensive fees for failing to pay their BMI license.

http://www.dmcityview.com/archives/2006 ... over.shtml

I've mentioned in the law section a few times that the responsibility for paying licensing fees for the performance of copyrighted material does fall on the shoulders of the venue and not the band.

I don't want to get anyone in trouble, but I'm curious if the bar owners around here actually pay this?

It can get very expensive, from around $800 to several thousand dollars, depending on the type of entertainment, and some other variables, but its an extremely far cry from the amount that can be charged for failing to pay the licensing fees, usually around $3000 per song which can range up to $150000 per song

I don't know if BMI representatives will ever make it to our corner of the globe, but I sure wouldn't want to be on the receiving end of one of their lawsuits.

Of course, paying BMI fees only allows you to play songs licensed by BMI, their are other licensing organizations such as ASCAP and SESAC which also need to be paid to play their songs.

moxham123 · Post by **moxham123** » Tuesday Dec 12, 2006

BMI and ASCAP have been requiring licensing fee payments at establishments in this area as long as I can remember going back to the early 70's.

They are currently harrassing several clubs we have played and are threatening them with lawsuits for failure to pay their license fees. A couple of them have refused to pay and have discontinued having bands even though they are now losing money as a result of no entertainment. The clubs have contacted their lawyers and were told that they either pay the fees or not have bands or DJ's.

By the way, jukebox owners are required to pay BMI and ASCAP license fees as well and the jukeboxes keep track of every song played.

f.sciarrillo · Post by **f.sciarrillo** » Tuesday Dec 12, 2006

I am surprised that the RIAA doesn't make cover bands pay for a license fee of all the songs they play. This is getting way out of hand.

songsmith · Post by **songsmith** » Tuesday Dec 12, 2006

From what I understand, almost all local music hotspots pay a fee to a Performance Rights Organization, or PRO. And I also understand that if you pay one of them, the others usually leave you alone. That, said, the RIAA shysters are looking for new income streams, having missed the internet boat.-------->JMS

Post by **Ron** » Wednesday Dec 13, 2006

f.sciarrillo wrote:I am surprised that the RIAA doesn't make cover bands pay for a license fee of all the songs they play. This is getting way out of hand.

They can't because it isn't recorded material being played. The reason for the big push by the record companies and the RIAA is because of DIGITAL media where copies are identical to the original. You never heard about this when most people were only able to make cassette copies of CD's. As soon as recording on digital media came within the financial grasp of everyone the shit hit the fan.