Glen Huff
Hi there, I have just a few questions that I need answered in regards to hosting Karaoke. I'm not a bar owner, I'm simply the hired KJ. I was interested in using Virtual DJ on my laptop and the Content subscription to make things simple.
If the bar that hires me is paying their ASCAP & BMI fees which grants a license to publicly broadcast music at their establishment and I have Virtual DJ Pro and means of proving the purchase, I should be fine to play music at the venue, so long as I have legally purchased the music that is being played with means of proving the purchase of the music. Correct?
Furthermore, if the above is correct, with the Karaoke Content Unlimited subscription, I do not own any of the music. Does this mean I cannot use it at my Karaoke shows regardless if the bar has their license to publicly broadcast? I know the fine print says that having the subscription doesn't grant you commercial use. But, even with the bar being licensed and paying their annual fees, there's no exception is there?
If I can't use the Content Unlimited at this venue, I see no point in having the subscription and will have to find another source of music. I'm hoping the only option is not to buy each song individually from karaoke cd-g, mp3-g, vendors. What are my best options? I want to get this karaoke thing on a roll and i'm looking to do it 100% legal to avoid lawsuits. I plan on expanding into a business.
I made a ticket with VD and they provided a few links to their product pages and terms of service. That didn't really get me anywhere or open doors to my options. Any help would be great. Thank you.
If the bar that hires me is paying their ASCAP & BMI fees which grants a license to publicly broadcast music at their establishment and I have Virtual DJ Pro and means of proving the purchase, I should be fine to play music at the venue, so long as I have legally purchased the music that is being played with means of proving the purchase of the music. Correct?
Furthermore, if the above is correct, with the Karaoke Content Unlimited subscription, I do not own any of the music. Does this mean I cannot use it at my Karaoke shows regardless if the bar has their license to publicly broadcast? I know the fine print says that having the subscription doesn't grant you commercial use. But, even with the bar being licensed and paying their annual fees, there's no exception is there?
If I can't use the Content Unlimited at this venue, I see no point in having the subscription and will have to find another source of music. I'm hoping the only option is not to buy each song individually from karaoke cd-g, mp3-g, vendors. What are my best options? I want to get this karaoke thing on a roll and i'm looking to do it 100% legal to avoid lawsuits. I plan on expanding into a business.
I made a ticket with VD and they provided a few links to their product pages and terms of service. That didn't really get me anywhere or open doors to my options. Any help would be great. Thank you.
Posted Wed 01 Oct 14 @ 1:43 pm
groovindj
My understanding (from a UK perspective) is that when a venue has a license for public performance of music, then that allows them to play music "in public" - i.e. more than one member of the public can hear it.
That music could come from a solo performer, a band, a DJ or the radio. It doesn't matter.
If the venue had the radio on, and the public in the venue could hear it, then that's fine as the license covers the situation. It doesn't matter that the venue don't "own" the music on the radio.
A band could play cover versions. The band don't own those songs. Neither does the venue. But the license still allows the music to be played in public.
That music could come from a solo performer, a band, a DJ or the radio. It doesn't matter.
If the venue had the radio on, and the public in the venue could hear it, then that's fine as the license covers the situation. It doesn't matter that the venue don't "own" the music on the radio.
A band could play cover versions. The band don't own those songs. Neither does the venue. But the license still allows the music to be played in public.
Posted Wed 01 Oct 14 @ 1:54 pm
Glen Huff
Thank you for the response. I've recently read some articles that are current to 2014 about bars in the US getting fined for music being played. I wanted to do what I can to avoid this. One situation was the bar not paying their public performance fees. The other was a pirated music situation.
The Examples:
1. https://torrentfreak.com/bar-hit-with-45000-fine-for-pirated-karaoke-songs-130716/
2. http://www.9news.com/story/news/military/2014/04/21/colorado-springs-karaoke-lawsuit/7958517/
Is it considered pirating music if I'm using the Content Unlimited music at a karaoke show in a venue that is paying their fees? That's something unclear to me.
The Examples:
1. https://torrentfreak.com/bar-hit-with-45000-fine-for-pirated-karaoke-songs-130716/
2. http://www.9news.com/story/news/military/2014/04/21/colorado-springs-karaoke-lawsuit/7958517/
Is it considered pirating music if I'm using the Content Unlimited music at a karaoke show in a venue that is paying their fees? That's something unclear to me.
Posted Wed 01 Oct 14 @ 2:12 pm
Glen Huff
In regards to the public performance fees, I've been linked to sources that give quotes from the companies that issue them:
“ASCAP does not license DJs. It is the venue, establishment, or promoter of an event that is responsible for public performance licensing, not the performer. Private events such as weddings, etc. are exempt from licensing.”
- Bryn Caryl, ASCAP
“BMI licenses the “public performance” of music… events such as private parties and weddings are not required to have a license.”
- Jaqui Garlan, BMI
“Royalty fees are not collected for private performances.”
- David Derryberry, SESAC
So, I'm convinced that if the bar that's hiring is paying these fees, my only concern is the source of my Karaoke music. The above quotes (and the info in my other posts) are all the info that my research has brought me to. But nothing is telling me if the license that a venue has covers content from rented music from services like the Karaoke Content Unlimited.
Sorry for the multiple posts. I don't see an edit button to extend my original message.
“ASCAP does not license DJs. It is the venue, establishment, or promoter of an event that is responsible for public performance licensing, not the performer. Private events such as weddings, etc. are exempt from licensing.”
- Bryn Caryl, ASCAP
“BMI licenses the “public performance” of music… events such as private parties and weddings are not required to have a license.”
- Jaqui Garlan, BMI
“Royalty fees are not collected for private performances.”
- David Derryberry, SESAC
So, I'm convinced that if the bar that's hiring is paying these fees, my only concern is the source of my Karaoke music. The above quotes (and the info in my other posts) are all the info that my research has brought me to. But nothing is telling me if the license that a venue has covers content from rented music from services like the Karaoke Content Unlimited.
Sorry for the multiple posts. I don't see an edit button to extend my original message.
Posted Wed 01 Oct 14 @ 3:39 pm
groovindj
If you're subscribing to a legal rental service then I don't see an issue.
Posted Wed 01 Oct 14 @ 4:10 pm
Tear Em 'Up
In the United States, the venue is responsible for all ASCAP/BMI fees. If you have any questions, I strongly suggest consulting a LOCAL lawyer. Only a legal professional can answer your questions with all the knowledge you need. Not an online, possibly overseas, well wisher.
Posted Wed 01 Oct 14 @ 9:01 pm
DebbyZ
As a bar owner and DJ/karaoke company owner I will tell you that here in Kansas & Missouri the bar pays "per seat" for their ascap/bmi dues. Several companies did get raked over the coals and fined substantially for using pirated karaoke songs. If you are paying for a service to get your music then its paid for. The end. We here in town are all carrying proof with us of purchase since the "shake-up" here with Sound Choice, etc.
I wondered about the VDJ music subscriptions: video, karaoke and music and how up to date they are? how far back they go etc.? Is it as good as other music services at all?
thanks in advance
DZ
I wondered about the VDJ music subscriptions: video, karaoke and music and how up to date they are? how far back they go etc.? Is it as good as other music services at all?
thanks in advance
DZ
Posted Mon 01 Dec 14 @ 1:05 pm