Re: Music piped to gas pumps

[Garrett Wollman <wollman>]

<<On Tue, 14 Jul 1998 18:45:47 -0400, "Bill O'Neill" <billo@erols.com> said:

> To my understanding, if they play licensed music in a place of business,
> then they pay the licensing fees.  Period.  Regardless of from whence the
> licensed matter cometh, radio, tape, bird, hummingbird.  (Well, maybe the
> bird wins.)

That's certainly what ASCAP and BMI would like you to believe.  The
actual answer depends on who's asking, under what circumstances, and
in which court.  It all comes down to the definition of a ``public
performance'', which is the specific right of the copyright holder
under which ASCAP and BMI are selling licenses.  An oversimplified
general rule might be: if the music is there to entertain the
customers, then it's a public performance, but if the music is there
at the whim and desire of the staff, then it's not (because the staff
are not the public, they are individuals making a specific choice as
to their own, personal entertainment).  Certainly most stations rely
on such a distinction, heavily promoting at-work listenership during
9-5 dayparts.

- -GAWollman

- --
Garrett A. Wollman   | O Siem / We are all family / O Siem / We're all the same
wollman@lcs.mit.edu  | O Siem / The fires of freedom 
Opinions not those of| Dance in the burning flame
MIT, LCS, CRS, or NSA|                     - Susan Aglukark and Chad Irschick

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