Comments for The Law Offices of Gordon P. Firemark http://firemark.com Theatre, Film, Television, Music & New Media Thu, 02 Sep 2010 23:20:08 +0000 hourly 1 http://wordpress.org/?v=3.0.1 Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-961 Gordon Firemark Thu, 02 Sep 2010 23:20:08 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-961 Yup. A venue is a venue. Some theaters and other rental venues are able to pass the requirement along to their renters, but you'd need to work it out with the societies in advance. Yup. A venue is a venue.

Some theaters and other rental venues are able to pass the requirement along to their renters, but you’d need to work it out with the societies in advance.

]]> Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Joel http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-960 Joel Thu, 02 Sep 2010 23:01:31 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-960 Does this affect a for-hire event space (like a wedding hall, but not just weddings.) It would be up to the renters of the space to provide music (CD player or iPod dock provided by the space as well as installed audio gear - just not content) Does this affect a for-hire event space (like a wedding hall, but not just weddings.)

It would be up to the renters of the space to provide music (CD player or iPod dock provided by the space as well as installed audio gear – just not content)

]]> Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-944 Gordon Firemark Wed, 25 Aug 2010 19:54:17 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-944 I disagree with your premise. It's only appropriate to pay the fees if you're actually legally obligated to do so. If you're playing music in a business establishment, that's NOT covered by the mere purchase of a CD or download. You are required to either obtain the license, or NOT play the music. The situation you describe is actually very simple. If you want to use the product (music) in your business, you must pay for the right to do so. Merely paying 99 cents to iTunes is not sufficient. You DO have a choice. You can choose not to play music. I disagree with your premise. It’s only appropriate to pay the fees if you’re actually legally obligated to do so. If you’re playing music in a business establishment, that’s NOT covered by the mere purchase of a CD or download. You are required to either obtain the license, or NOT play the music.

The situation you describe is actually very simple. If you want to use the product (music) in your business, you must pay for the right to do so. Merely paying 99 cents to iTunes is not sufficient. You DO have a choice. You can choose not to play music.

]]> Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Chris Davis http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-943 Chris Davis Wed, 25 Aug 2010 18:34:56 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-943 That's just the thing, isn't it? It's easier and less expensive to just pay the fees. That gives ASCAP and the others blanket control with no checks and balances, and no one can challenge them. Like I said, the legalise in this country is sucking the life out of everyone and everything. Reason is often absent, and common sense is lost. That’s just the thing, isn’t it? It’s easier and less expensive to just pay the fees. That gives ASCAP and the others blanket control with no checks and balances, and no one can challenge them. Like I said, the legalise in this country is sucking the life out of everyone and everything. Reason is often absent, and common sense is lost.

]]> Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-942 Gordon Firemark Wed, 25 Aug 2010 18:26:47 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-942 You've heard wrong. Profit is not a major consideration in copyright infringement analysis. It MAY be possible to obtain a festival only license, but you DO still need to contact the rights holders (music publisher and record label) and get it in writing. You’ve heard wrong. Profit is not a major consideration in copyright infringement analysis. It MAY be possible to obtain a festival only license, but you DO still need to contact the rights holders (music publisher and record label) and get it in writing.

]]> Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Gordon Firemark http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-941 Gordon Firemark Wed, 25 Aug 2010 18:25:21 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-941 The short answer is "no". Just because you've purchased a song (whether a download, CD or whatever), you do NOT have the right to play it in public such as at a restaurant, club, gym, or other place of business. The purchase of the song grants only the right to play the song for PERSONAL use. These other uses are considered 'public performances', and ASCAP / BMI / SESAC are charged with collecting royalties from the songwriters and composers of the songs for that kind of use. There ARE some exceptions and limitations, (look at the AIKEN case involving ASCAP), but generally, licenses are required. If the floor music is original composition, and the composer has granted the rights in question, then ASCAP has no business claiming a right to collect for that... but proof can be a problem. Frankly, paying for the licenses is likely to involve less expense than hiring a lawyer to defend and argue with ASCAP about this situation. The short answer is “no”. Just because you’ve purchased a song (whether a download, CD or whatever), you do NOT have the right to play it in public such as at a restaurant, club, gym, or other place of business. The purchase of the song grants only the right to play the song for PERSONAL use. These other uses are considered ‘public performances’, and ASCAP / BMI / SESAC are charged with collecting royalties from the songwriters and composers of the songs for that kind of use.

There ARE some exceptions and limitations, (look at the AIKEN case involving ASCAP), but generally, licenses are required.

If the floor music is original composition, and the composer has granted the rights in question, then ASCAP has no business claiming a right to collect for that… but proof can be a problem.

Frankly, paying for the licenses is likely to involve less expense than hiring a lawyer to defend and argue with ASCAP about this situation.

]]> Comment on Restaurants sued for playing music without ASCAP/BMI licenses by Chris Davis http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/comment-page-1/#comment-940 Chris Davis Wed, 25 Aug 2010 17:52:05 +0000 http://firemark.com/2007/08/23/restaurants-sued-for-playing-music-without-ascapbmi-licenses/#comment-940 If someone owns a private business, and buys music for their ipod, can they play it on the stereo at their business? The business in question is a small gymnastics gym who is now being hounded by ASCAPs goons. They are even implying that the gymnasts' floor music, purchased from a floor music composer who has already obtained all the copyrights, etc, is also included. Isn't there something in the rules that pertain to this? It's ridiculous the amount they want a small private business to pay to play legally purchased music (not the radio). And, I just wanted to say, "all things are lawful...but all things are not expedient." Sometimes it is just wrong to impose all these legal qualifications on every one. It is sucking the life out of people and this country. If someone owns a private business, and buys music for their ipod, can they play it on the stereo at their business? The business in question is a small gymnastics gym who is now being hounded by ASCAPs goons. They are even implying that the gymnasts’ floor music, purchased from a floor music composer who has already obtained all the copyrights, etc, is also included. Isn’t there something in the rules that pertain to this? It’s ridiculous the amount they want a small private business to pay to play legally purchased music (not the radio).
And, I just wanted to say, “all things are lawful…but all things are not expedient.” Sometimes it is just wrong to impose all these legal qualifications on every one. It is sucking the life out of people and this country.

]]> Comment on Asked and Answered: Query letters as unsolicited submissions? by John W http://firemark.com/2010/08/21/aa-queries/comment-page-1/#comment-936 John W Tue, 24 Aug 2010 16:55:11 +0000 http://firemark.com/?p=1368#comment-936 I noted that the last question mention age discrimination because he is over 40. Is there really an age limit on screenwriters? I started writing about 5 years ago, using my life experiences to develop interesting stories. I have a BS in Electronic Engineering, 20 years retired from the Army and have experienced 26 countries and 2 wars. When submitting my work I have called out my life experiences, thinking that it makes me sound like a seasoned writer, but I still can't get anyone to read my work. Am I shooting myself in the foot by calling out my credentials? I noted that the last question mention age discrimination because he is over 40. Is there really an age limit on screenwriters? I started writing about 5 years ago, using my life experiences to develop interesting stories.
I have a BS in Electronic Engineering, 20 years retired from the Army and have experienced 26 countries and 2 wars.
When submitting my work I have called out my life experiences, thinking that it makes me sound like a seasoned writer, but I still can’t get anyone to read my work.
Am I shooting myself in the foot by calling out my credentials?

]]> Comment on Why every writing team should have a written collaboration agreement. (part 2 of 3) by William Whittenburg http://firemark.com/2008/10/27/why-every-writing-team-should-have-a-written-collaboration-agreement-part-2-of-3-2/comment-page-1/#comment-917 William Whittenburg Sun, 08 Aug 2010 01:59:35 +0000 http://theatrelawyer.com/?p=90#comment-917 You articles give me some confidence to proceed with my project. I look forward to the third installment. You articles give me some confidence to proceed with my project. I look forward to the third installment.

]]> Comment on Asked and Answered: Should I have a Loan Out Company? by sue http://firemark.com/2009/09/21/asked-and-answered-should-i-have-a-loan-out-company/comment-page-1/#comment-915 sue Sat, 07 Aug 2010 01:33:37 +0000 http://firemark.com/?p=499#comment-915 Interesting about loan out companies. If the loan out company invests in a pension, do you know if the retirement or disability proceeds would be taxable or not taxable to the sole owner? Would this work for a musician? Interesting about loan out companies. If the loan out company invests in a pension, do you know if the retirement or disability proceeds would be taxable or not taxable to the sole owner? Would this work for a musician?

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