Karaoke Forums

There. I fixed it for you.

Again, it's simple. We are KJs, not attorneys. The best we can provide is our view of the questions you raise. It appears that we are all in agreement that it is the venues responsibility to pay performance fees and that none of us are aware of any KJ being targeted for performance fees not being paid by the venue. If you want a legal opinion, hire a lawyer.

Well, I can read... and understand what I read... so, if I called ASCAP my question would have to be to ask them if that was a misprint, or ask them if they really mean what they put on their website.

I don't see how their quote could even be misunderstood... it's very clear and directly to the point.

Looks like we will have to agree to disagree that... you don't think it's necessary to verify whether the venue has the correct license in place, and I think it's be the legally smart thing to do based on the quote from the ASCAP website.

Thanks for the opinions shared.

That's funny... I can actually read and understand english when printed

Are some people just born obstinate or did they learn it. In the time you wasted asking your question here and ignoring the responses, you could have called ASCAP and an attorney, who would have confirmed what we have told you here. But hey, it's your time to waste.

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You can be strange but not a stranger

Does this means you do not under stand this quote...

The law says all who participate in, or are responsible for, performances of music are legally responsible.

And, don't board rules say not to call people names?

Maybe you should all the board operators and get clarification to see what their rules really mean

I think we should all allow others the right to their own opinion without calling them names for not agreeing with us... lest we all start be talkin 'bout each other's momma and all dat!

I'm sure that is disallowed by board rules too... but I wouldn't need to call them to see if they don't allow name callin, cause their said what they meant in they rules.

Well, I am an attorney, but I am not *your* attorney (meaning anyone on here), and my only advice to anyone with these questions is to consult with an attorney.

However, from an informational standpoint, if you are concerned about being sued by music publishers over whether public performance licenses have been granted and royalties paid, the answer is, yes, you may be held liable for an unlicensed public performance.

Even though ASCAP, BMI, and SESAC place the burden of compliance on the venue, the law does not.

If I were advising a client with these kinds of concerns, I would probably suggest as follows:

1) Verify with the venue that it has acquired the proper ASCAP/BMI/SESAC licenses. Ask to see the paperwork.
2) Confirm with each performing rights organization that the venue is current for the type of show you are doing.
3) If number 1 or number 2 causes you to believe that the royalties haven't been paid, you should turn down the show.

After all, turning down the show is always an option, and it is guaranteed not to cause you liability for unpaid public performance royalties.

Again, this is information, not advice. Your mileage may vary. Consult an attorney familiar with the details of your specific situation before taking action.

Wow, I was thinking of just doing step #1... step #2 looks like a good idea as well, thanks!

Ah, but Confirming with each performing rights organization that the venue is current for the type of show you are doing would involve making a phone call.

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KNOW THYSELF

A phone call asking for objective information (whether a venue has paid royalties or not) is different from a phone call asking for clarification of an organization policy (will you sue me if the venue hasn't paid?).

Harringtonlaw,
If a KJ were to be included with a venue as a defendant in litigation for public performance without a license, would the fact that the organizations responsible for providing performance licensing will not license a KJ individually be an affirmative defense?

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KNOW THYSELF

Possibly... but I bet you'd have to prove that you attempted to get a license and they refused.

Then it seems like you'd have 'em over a barrel since they would be trying to hold you responsible for a license they refused to sell you when you tried to get one.

Good question, my homie

"They wouldn't license me, so I performed without a license anyway" doesn't strike me as a winning argument, no. It's not a compulsory license.

I love a good smart aleck answer as much as the next guy (see mine above),
but it seems to me that for a KJ who attempts to license with ASCAP and is turned away and told they only license venues, it would not be unreasonable for that KJ to expect ASCAP to confine their litigation to the venue.

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KNOW THYSELF

Apparently their position is... if you cannot get a license, then you cannot play the music, period.

You know how faceless corporations are.

That's exactly what it means. To knowingly play in a place that isn't licenced by the alphabet, then you are putting yourself in the soup. But that said, as per your original question, the venue is responsible for the fees. As stated if number 1 and/or number 2 is suspect, then do number 3 and pull out.

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You can be strange but not a stranger

Just to be clear, is it enough to ask and verify once before accepting the gig?
Or would a KJ with a six day a week gig at the same club need to ask and verify monthly, weekly, or daily to be sure the payments are up to date?
If asking and verifying is necessary the first time, wouldn't it be just as necessary every time?

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KNOW THYSELF

Not sure about where you are but here they have to be prominently displayed. Most places hang them up along with their Liquor, Restaurant, Occupancy certificates. They also provide stickers for the door with the year on them, similar to the registration stickers one puts on their vehicles.

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You can be strange but not a stranger

LMFAO at the BIDNESS number you gave...

Yeah, that number is for those that cannot understand what they say on their website