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WANT MUSIC AT YOUR FACILITY?

ASCAP Requires License to Play Copyrighted Music at Tracks and Parks

Many tracks — concession, race or indoor kart racing, and FEC’s and parks are unaware of restrictions regarding the playing of copyrighted music. Here are some questions and answers about the American Society of Composers, Authors and Publishers (ASCAP), the major governing body:

Question — Why must we obtain permission for the public performance of copyrighted music at our track or park?

Answer — The United States Copyright Law, Title 17 of the United States Code, gives creators and publishers of musical works the right to license public performances of their works at tracks, parks and other public places. Just as you pay for the use of other forms of property, you must pay for the use of musical property.

Question — Why must we be responsible for obtaining permission?

Answer — The law is that the owners or operators of a facility must be sure that permission has been granted to publicly perform copyrighted music on their premises. Technically, everyone responsible for an infringing performance can be sues for damages. As a practical matter, owners obtain licenses as a cost of doing business.

Question: What is ASCAP?

Answer: ASCAP is the oldest and the world’s foremost organization licensing the right to perform copyrighted musical compositions. ASCAP distributes its revenues to its members and license fees for public performances are the largest single source for income for most composers and songwriters.

Question: Who is licensed by ASCAP?

Answer: ASCAP licenses tens of thousands of music users—radio and TV networks and stations, cable, restaurants, nightclubs, hotels, shopping malls, fairs, dance schools, trade shows, expositions, tracks, parks, etc. and others who desire to lawfully perform the copyrighted musical compositions in the ASCAP repertory. Music users can obtain licenses from each ASCAP member whose works are to be performed, but the easier, more economical way for bulk users is to obtain one ASCAP license to perform all works of ASCAP members without complex record keeping.

Question: What does the ASCAP license do for us?

Answer: The ASCAP license authorizes public performance of music in the ASCAP repertoire at your facility by both live performances and by mechanical means; radio-over-loudspeaker systems, or audio-visual means.

Question: What is the cost of the ASCAP license?

Answer: For up-to-date information regarding licensing fees for your particular facility and/or situation, call 800-505-4052 or 212-621-6000 or e-mail from their web site: www.ASCAP.com. They will reply immediately.

Question: When and how do we report and pay the license fees?

Answer: Reports and payments are due twice a year. By each July 15th, a report is due estimating your total annual attendance and total annual expenditure for live music entertainment. Payment of estimated annual license fees accompanies this report. A second report, setting forth actual attendance and total annual expenditure for live music entertainment costs, is due within 60 days after the closing of the facility for the season, or by February 28 if the facility is open year-round.

Question: Must we obtain an ASCAP license?

Answer: No, but to perform copyrighted music lawfully, permission is required. If you are performing music in the ASCAP repertory, and you believe that the fee ASCAP proposed is not reasonable, you have the right to as the US District Court for the Southern District of New York to determine a reasonable fee.

Question: What happens if we don’t take an ASCAP license.

Answer: If you do not obtain a license from ASCAP, the owners of your facility and each individual responsible for unauthorized performances of copyrighted music compositions in the ASCAP repertory would be copyright infringement. The Copyright Law provides for an injunction against further infringements, damages for each copyright infringed ranging from $500 to $20,000, court costs and in the court’s discretion, reasonable attorney’s fees. Obviously, it is far less expensive to comply with the Copyright Law than to pay damages for violating it. An ASCAP license is a convenient and economical way to comply.

Question: How do we obtain an ASCAP license?

Answer: Contact ASCAP at 1 Lincoln Plaza, New York City, NY 10023. Telephone: 800-505-4052, 212-621-6000, Fax: 212-873-3133, web: www.ASCAP.com. The association will send a complete information package and all necessary forms. Also feel free to contact ASCAP if you have any questions or need additional information.

Information provided by ASCAP

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