Karaoke Forums

OK, so you are gonna host a show at a public venue using your own original CD+G discs...or you have shifted the media to a laptop hard drive but you have the original discs that you have purchased and can provide proof of purchase for each song you have.

Aside from that... is there anything else required to legally be able to host a show where folks are paying you a fee to do the show?

And, what if you were NOT collecting any money for doing the show... does that even make any difference?

I mean, do you have to have a license from ASCAP / BMi / SESAC or whoever to perform live and to have singers perform too?

Just curious of the legality and any links to legal statements about this would be appreciated so I can print out for my records.

ASCAP / BMi / SESAC ect will not sell licence to mobile host. It is your responsibility to insure that the venues are paying the proper PRO fees however.

Not fee/or free does not change anything in that regard.

You would need to check the laws in your area to see what types of licences you need to operate KJ/DJ business as they differ greatly.

Some areas only require state licence others require county nd even city licences in each county/city you provide service for.

Although not legally required liability insurance is STRONGLY advised...it only takes one person tripping over a wire or a speaker falling (even if not your fault) to cause you a lifetime of hurting. Many venues will require proof of insurance as well.

Seems like the venue's insurance would cover the guy tripping over the cord...since he may be doing that anyway even without a KJ being there doing a show. He's gonna sue the club anyway, and the KJ and anyone else that might have some assets. You know how lawyers are... they're gonna sue as many as possible.

So, what happens if you play say a assembly hall that is there just for people to rent for meetings like having a wedding... and they don't carry any music license at all?

If a KJ is doing a wedding in a place like this and nobody will sell a license to a mobile KJ / DJ... whaddya do, tell them you cannot do the show?

And, I've known bars where they don't have any license but they do rent a jukebox and they will tell ya that is the responsibility of the jukebox owner to have that and it should cover having a karaoke show.

I'm thinking there's alot of "illegal" public playing / performing of music when you think about all the karaoke shows and DJs that are around doing their thang.

Insurance would be a good thing. I have never had nor needed it in 20 years, but all our cords are secure, no tripping hazard, everything is grounded so no shocks (other than those walking and building up static charge).

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I'll whoever own the building, who knows people will be gathering there... to buy the insurance. Unless of course they want me to sign something, in which case I'll have to study it before signing it.

No ideas on playing in a public meeting hall that doesn't carry BMI, ASCAP, and all that?

Forgive me if i am reading too much into this question, but if you are being asked or pressured into paying licensing fees, STOP.

It is 100% the venues responsibility for A/B/S fees, and not just for Karaoke. Jukeboxes, a TV, an XM/Sirius radio (or even just an FM radio) playing in the background requires a license. And that license is due from the VENUE, not the band/DJ/Karaoke guy.

No, I'm just trying to learn whassup... alot of experience singing, a little experience hosting... and now I'm getting in to hosting so I'm wanting to learn more about the legal side.

So, what about the venue that does not play music and doesn't have any license, like outdoors at the lake er something... and you wanna do a wedding. Then do you have to go out and pay thousands of dollars to by licenses from who knows how many organizations?

It doesnt matter. It is ALWAYS the venues responsibility. A bar, a county golf club, an open field party. These are PUBLIC performances. A private party in a home or a private wedding requires no license as it isn't a PUBLIC performance.

All you need to worry about is the fact that, no matter what, it isn't ever YOUR responsibility as a performer.

OK, so what are my responsibilities making sure the venue has the required license(s)?

Should I ask to see them? I know an attorney would probably say anything I can do to actually verify they are doing would they are supposed to be doing would be smart legally on my part.

I can see now that I need to incorporate in Nevada since the corporate shield can only be broken in cases of known fraud, which would protect my personal assets in case Warner Brothers decides to bust a brotha

"So, what happens if you play say a assembly hall that is there just for people to rent for meetings like having a wedding... and they don't carry any music license at all?"

The venue would have to contact SEAC/BMI/ASCAP and pay for a 1 time use coverage.

As far as liability insurance if someone claims to be injured buy your equipment
Tripping on your wire, a short in a mic wire ect they will come after you and the venue. We have never had a claim in over 19 years BUT we do find the policy a necessary business expense and it is a tax deduction. Some others feel no need for insurance however.

incorporation is a VERY wise idea...however never intermingle funds. The Corporation is paid and they then pay your...intermingling will basically eliminate the protections it gains for you. We find the paperwork minimal and the annual reports are only a pain the first year or two.

You have no responsibility. If you want, you can tell them but any legal action is taken against the venue.

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Is there one central place to go and do this, of would they have to contact / pay each of these organizations individually?

Yep! Pay each!

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I thought it was a different set of rules for setting up Karaoke at a Public Fair. I've heard it said (many years ago), that the Organizers of the Fair, and the Fairgrounds Owners are not responsible for paying ASCAP, etc... fees, but that it is the responsibility of the person who is paying for that space to set up a show (in this example, meaning the KJ).

Listen carefully. ASCAP/BMI LICENSING IS NOT YOUR RESPONSIBILITY.

You wouldn't be concerned about the validity of their liquor license. Or if they paid their taxes. Or if their mortgage is current. No difference.

An LLC and insurance are important and a completely different matter however (YOU v/s THEM).

In this day and age of music publishers taking little old ladies to court for several hundred thousand dollars because of something her grandson did... I gotta ask, and I need to think like an attorney like I have to when I run my own business.

So, if I face a legal challenge... can I quote you? If I tell them I did not pay any license because you told me I didn't have to... who knows, they may want a piece of you too Stranger things have happened in legal realms ya know!

Is there any court precedent proving this? Is there any public statements by BMI / ASCAP / SESAC, or other groups that say it is never the responsibility of the guy playing the music?

See now I'm curious about this and should probably contact BMI / ASCAP / SESAC and see what their position is on tbis... I'll contact then anonymously of course

Not trying to give you a hard time, but I need a little more than a quote from someone on a talk forum for my legal research to show I'm doing my due diligence. You understand, right?

If you are so concerned then do what you mention in your post, consult an attorney.

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In the information age, we shouldn't have to consult an attorney without also being able to find legal information through the internet... do you know where I can find legal documentation that proves what you are saying is true?

There's gotta be something on the net about this...

Agreed. And after $250 for the hour, he will tell you it is not your responsibility.

Other things you are not responsible for:

The cleanliness of the kitchen and health department inspections
The integrity of the foundation and certificates of occupancy
The filing of payroll taxes
Whether of not the street signage meets town zoning code.
Cleaning of beer lines.
Triple sink sanitation of barware.
Roofing
Pest Control
Adequate and tested fire extinguishers
Emptying of grease traps

(sigh). OK. From the horses mouth:








/END THREAD

Numerous things that are saying on this page leads one to believe they need to be paid, and if the venue is not current with a license that is legit, then this is the KJs responsibility... or face the possibility of having to go to court in a legal action brought by ASCAP.

It appears that the KJ needs to verify that SOMEBODY is paying for an applicable license, which is what an attorney would advise, cause they always advise that you should make sure (verify) that you are operating legally before doing anything.