Re: Music piped to gas pump

["Brian Vita" <brian_vita@cssinc.com>]

RE>>Music piped to gas pumps
I'm not a lawyer, nor do I play one on TV, but my understanding, as someone who
installs sound systems is as follows:

If an establishment plays a radio, such as a table radio, on premises and its
use is incidental to the establishment, such as a cashier amusing him/her self
and (this part my memory is vague on) there are no more than 2 speakers, then it
is an allowed use.

If an establishment uses the radio to set a mood or ambiance (ie. playing KISS108
in the Gap or WJIB in an elevator) and/or it is played through a sound system
(as opposed to a boom box or a portable radio) then ASCAP, BMI et al expect a
licensing fee.

The GAP was approached by ASCAP about 15 years ago because it was company policy
to play the local "KISS" formatted station in their stores.  They told ASCAP to
take a hike.  It was an expensive mistake.

Brian Vita
CSS, Inc.

- --------------------------------------
Date: 7/14/98 6:30 PM
To: Brian Vita
From: Gary F
I checked with the ASCAP office in Framingham and they confirmed my suspicion -
restaurants, etc. that pipe in music (whether full broadcast or not) MUST pay a
fee
to ASCAP, BMI and SESAC.  A friend of mine owns a number of DD shops (the coffee
folks) and he has to pay about $900 per year per shop - he got caught a few
years ago not
doing it and had to pay a arrearages and penalties in excess of $75,000!!

The radio station (or TV station) pays the right to broadcast the music, but
when another
business replays the audio in their business - they are using the composer's
work and must
compensate the composer for his/her work.  

- -g.f.

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