Farmer's Market player - YIKES!

[Mandobart]

Originally Posted by MikeBmusic

From ASCAP's FAQ:

Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform?
Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.

Same basic thing on BMI's FAQ:

"Q: If musicians are playing live music, aren’t they responsible for public performance fees?
Since it’s the business or organization that’s benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. This responsibility cannot be passed on to anyone else even if the musicians hired are independent contractors."

I sent all this info to my friends who run the farmers market. They replied (names removed) "Hi, appreciate the info. You're not the first to have had suspicions, but you have taken the step to confirm with the sources. And I concur that we are hanging out there. I've told the market manager to not schedule them again until we've seen their "evidence" that they (both xxxx and xxxx) are fully covered. Since we don't believe that any evidence exists, I expect them to be cut from the schedule. It doesn't break my heart, as I've never been a fan of karaoke and have always admired the original creators and improvisers. I want us to be able to provide great music without fear of lawsuits. I appreciate your taking the time to get the straight scoop and enough backing for the argument to make it right. Have a nice night!"

[MikeBmusic]

Originally Posted by Mandobart

Same basic thing on BMI's FAQ:

"Q: If musicians are playing live music, aren’t they responsible for public performance fees?
Since it’s the business or organization that’s benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. This responsibility cannot be passed on to anyone else even if the musicians hired are independent contractors."

I sent all this info to my friends who run the farmers market. They replied (names removed) "Hi, appreciate the info. You're not the first to have had suspicions, but you have taken the step to confirm with the sources. And I concur that we are hanging out there. I've told the market manager to not schedule them again until we've seen their "evidence" that they (both xxxx and xxxx) are fully covered. Since we don't believe that any evidence exists, I expect them to be cut from the schedule. It doesn't break my heart, as I've never been a fan of karaoke and have always admired the original creators and improvisers. I want us to be able to provide great music without fear of lawsuits. I appreciate your taking the time to get the straight scoop and enough backing for the argument to make it right. Have a nice night!"

As long as they KNOW the performers are playing public domain songs - or un-registered originals - they'll be fine. But how can they be assured of it? I always chuckle when I see ANY venue say 'original music only, no covers' - because I register all my original songs with BMI!
Looking at the ASCAP site, I guess Farmers Markets would run under the same fee rate as 'shopping centers', and the license fee is $45/day.