Re: Playing the radio for the public

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

My understanding, such as it is, is that if the business is simply playing a
boom box, no one bothers them.  If the business has a permanently installed
system, or more than 2 speakers, ASCAP want's their share.

Amusingly it has been  pointed out to me that a theatre (the places that I
service) actually require a separate license for lobby music and music that
comes from behind a screen (ie "preshow" or "non-sync" [the trade term for
pre-show music]).
----- Original Message -----
From: "Garrett Wollman" <wollman@khavrinen.lcs.mit.edu>
To: <mwaters@wesleyan.edu>
Cc: <boston-radio-interest@bostonradio.org>
Sent: Wednesday, August 15, 2001 1:38 PM
Subject: Playing the radio for the public


> <<On Wed, 15 Aug 2001 10:20:24 -0700 (PDT), Martin Waters
<martinjwaters@yahoo.com> said:
>
> > So, what is the legality of a business playing the radio, or TV, in
> > a barroom, store, mall, etc., or out to the sidewalk passersby?
>
> My understanding of the situation is that it depends on how the sound
> is being used.  If the sound is integral to the practice of the
> business, then it is probably an infringement both of the originating
> station's compilation copyright in their air product and of the
> copyrights held by the suppliers of program material to the station.
> If, on the other hand, the sound is merely incidental to the business,
> then it is probably an implicitly licensed public performance.  The
> performance-rights organizations would like people to believe that one
> must have their licenses if one has a radio on in a public place at
> one's business, but courts have not entirely gone along.  (One
> distinction I've heard used considers whether the sound is coming from
> a speaker attached directly to the radio receiver, as opposed to a
> system specifically built to distribute sound to multiple locations.)
>
> -GAWollman
>