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TRACK OWNER/OPERATORS ASK AN ATTORNEY
With the assistance of the RPM Newsletter and their “Legalert” column, we are offering some answers of oft-asked legal questions from track owners and operators.

QUESTION: We were contacted by a music licensing firm that said we have to pay to play radio music at our track. Can they do this?

ANSWER: Yes they can. ASCAP, BMI and SESAC which license music, keep an eye out for businesses that use background music, and do everything they can to collect the fees on behalf of musicians. You’ll notice that nowadays you infrequently hear radio stations as background in malls, public waiting rooms, etc., instead hearing ‘canned’ music. This is a result of music licensing.

If you do hear radio stations as background, you can assume one of two things: that fees have been paid, or that the music is aired in violation of copyright laws. Some track pay music licenses. Most no longer play music.

If you want to pay lower fees, you can buy music licensed for your track. Moffett Productions, 713-440-0044, offers music specifically for race tracks. Many race tracks avoid paying music fees by adding a second announcer, increasing the PA patter and adding special effects and sponsor ads to their PA system. 360 Systems, 818-991-0360, offers a system of recorded musical and sound effects that can make your announcers more entertaining without paying music license fees.

(Disclaimer: While answers to legal questions have been researched, we do not represent them as legal advice. Because laws vary in different jurisdictions, readers are urged to contact attorneys in their area in all matters. RPM and e-KMI.com assumes no responsibility for actions taken as a result of, or in spite of, answers appearing herein.)

Legal Questions and Answers courtesy: Racing Promotion Monthly (RPM). To contact RPM – Racing Promotion Monthly, e-mail to editors@racingpromotionmonthly.net or call 920-294-0830.

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