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» Film-Tech Forum ARCHIVE   » Operations   » Ground Level   » Intermission music performing rights (Page 1)

 
This topic comprises 2 pages: 1  2 
 
Author Topic: Intermission music performing rights
Brad Miller
Administrator

Posts: 17775
From: Plano, TX (36.2 miles NW of Rockwall)
Registered: May 99


 - posted 03-01-2005 11:48 PM      Profile for Brad Miller   Author's Homepage   Email Brad Miller       Edit/Delete Post 
Anyone here paying the fees to ASCAP/BMI/SESAC so they can play whatever they want in the lobby and auditoriums during intermission? If so, what is the cost? Is it dependent upon the number of screens? (I would think so.) Do services such as Sirius offer a monthly fee for the programming with licensing fees included?

Or is everyone using those infernal MovieTunes cds?

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Jarryd Beard
Expert Film Handler

Posts: 229
From: Hellertown, PA
Registered: Jul 2004


 - posted 03-02-2005 12:34 AM      Profile for Jarryd Beard   Email Jarryd Beard   Send New Private Message       Edit/Delete Post 
I know XM offers a flat rate business service for $27.95/month. According to the website, this includes all license fees paid. For more info, go to the XM link below. I've had XM for 1 1/2 years and absolutely love it. They're raising the basic rate in April, but it's still worth the subscription fee.

The Cinemagic channel features movie soundtracks and audio clips. I'd imagine this would be great for intermission music. Also, there are many different options during the holidays that would be ideal for intermission music. I've often thought this business service would be great for an individually owned theatre.

http://www.xmradio.com/commercial/index.jsp

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Mike Blakesley
Film God

Posts: 12767
From: Forsyth, Montana
Registered: Jun 99


 - posted 03-02-2005 01:28 AM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
If you look at the XM website, it says the commercial account cannot be used at places that charge admission to get in. I don't quite understand the reason for this, but it would effectively eliminate cinema applications unless you let people into the lobby without necessarily buying a ticket, and then only play the XM in the lobby. (Or, just don't tell them you're a theatre when you sign up!) [Smile]

Also, they are offering a "lock in" the old rates for a year promo if you act before the beginnning of April.

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Monte L Fullmer
Film God

Posts: 8367
From: Nampa, Idaho, USA
Registered: Nov 2004


 - posted 03-02-2005 01:36 AM      Profile for Monte L Fullmer   Email Monte L Fullmer   Send New Private Message       Edit/Delete Post 
quote: Mike Blakesley
If you look at the XM website, it says the commercial account cannot be used at places that charge admission to get in
...interesting. Our small circuit is using XMradio for our intermission music. We pay the subscription rate, choose the channels, and we made mention that we were a theatre business. No problems came of this, in as much as I know of.

Our tab, what I heard is 30 bucks/month and we have 5 receivers-one per each location. Just make sure that one can find a decent place to mount the satellite antenna, which is a small device and preferably in the attic area that can get the signals clear enough for pickup.

-Monte

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Jarryd Beard
Expert Film Handler

Posts: 229
From: Hellertown, PA
Registered: Jul 2004


 - posted 03-02-2005 09:47 AM      Profile for Jarryd Beard   Email Jarryd Beard   Send New Private Message       Edit/Delete Post 
I checked the terms and conditions at the bottom of the XM for Business page. It states that "You may not reproduce, rebroadcast, or otherwise transmit the programming, create unauthorized recordings of the programming, charge admission specifically for the purpose of listening to the programming, or distribute play lists of the Service. I didn't read anything else in the agreement that mentioned admission prices. So, as far as I can see, the service is compatible with a theatre. People aren't paying to listen to intermission music.

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Dean Kollet
Jedi Master Film Handler

Posts: 591
From: Florida State University
Registered: Jul 2003


 - posted 03-02-2005 11:46 AM      Profile for Dean Kollet   Email Dean Kollet   Send New Private Message       Edit/Delete Post 
here @ school, the school pays a yearly fee to ASCAP to play songs around campus, in the theatre, etc.

edit: i've heard around campus that FSU pays like 10k a year

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Mike Blakesley
Film God

Posts: 12767
From: Forsyth, Montana
Registered: Jun 99


 - posted 03-02-2005 12:01 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
I guess XM has changed its wording on that.

At any rate, Brad's original question has not been answered yet.

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Monte L Fullmer
Film God

Posts: 8367
From: Nampa, Idaho, USA
Registered: Nov 2004


 - posted 03-02-2005 01:50 PM      Profile for Monte L Fullmer   Email Monte L Fullmer   Send New Private Message       Edit/Delete Post 
quote: Mike Blakesley
Brad's original question has not been answered yet.

whoops - did we get a bit carried away with this topic. (lol)

That is what XMRadio told our people that they are paying the ASCAP/BMI fees for the music to be broadcast in a public area.

-Monte

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Kenny Thies
Film Handler

Posts: 42
From: Effingham, IL, USA
Registered: Jan 2003


 - posted 03-02-2005 05:18 PM      Profile for Kenny Thies   Email Kenny Thies   Send New Private Message       Edit/Delete Post 
Hi everyone,

I know Sirius offers a business plan for $24.99 a month. We do on screen advertising, and it was my plan to contact one of the locally owned electronic stores here in town to see if they would want to do a swap out. They pay for all the equipment (receiver & antenna), install it and pay the monthly subscription fees for us, and we will advertise on our screens (slide presentation) that they install and sell Sirius Radio. I just haven't had the time to go over and talk to them yet. I'm leaning towards Siruis because I own stock in the company. Sirius pays for all the license rights for you to play in a public area.

Kenny

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Edward Jurich
Master Film Handler

Posts: 305
From: Las Vegas USA
Registered: Jul 2003


 - posted 03-04-2005 08:44 PM      Profile for Edward Jurich   Email Edward Jurich   Send New Private Message       Edit/Delete Post 
Since a certain single screen theater in the Kansas City area [Roll Eyes] plays what they want and pay nothing, there are probably many other that do the same. I'm in the radio broadcast industry (back again) and know that radio stations have to report what they play once a year usually in the form of a 1 or 2 week sample play list. So, if you don't report you don't pay anything, unless someone reports you [Wink]
There is available, music on CD that you pay a one time fee for and can use without any futher fees. You might do an internet search for such a thing. here's what I found.
Royalty Free Music
Another Music Service

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Frank Angel
Film God

Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999


 - posted 03-04-2005 09:39 PM      Profile for Frank Angel   Author's Homepage   Email Frank Angel   Send New Private Message       Edit/Delete Post 
We pay an annual fee, and I was all for only paying ASCAP -- they've got enough music to keep you in new intermission and lobby music till 2100. If you want total freedom to play ANYTHING your heart desires without worrying, is this a BMI cut, then pay both, but it is probably not necessary. If prechance a BMI cut gets through, well, someone from BMI has got to be sitting in your theatre, know it's a cut they license and know that you don't have a blanket license (about the same odds as you winning the lottery). And unless you want to play gospel music, there is no reason at all for buying SESAC because that's all they license.

I don't have actual yearly costs but they should be easily enough found on the websites. If they are not, email me and I will get the info. I am almost sure it is based on the number of patrons you actually count over a given time period, not necessarily the number of seats.

Also, they may have different structures for theatrical and non-theatrical venues. We might get a break because we are a performing arts center.

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John Hawkinson
Film God

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From: Cambridge, MA, USA
Registered: Feb 2002


 - posted 03-04-2005 10:29 PM      Profile for John Hawkinson   Email John Hawkinson   Send New Private Message       Edit/Delete Post 
The standard fee from ASCAP/BMI/SESAC for colleges and universities is about $0.30/student/year for each of ASCAP and BMI, and about $0.10/student/year for SESAC. I don't know what the standard is for other kinds of entities.

--jhawk

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Dan Chilton
Expert Film Handler

Posts: 191
From: Springfield, MO
Registered: Mar 2004


 - posted 03-08-2005 04:03 PM      Profile for Dan Chilton   Author's Homepage   Email Dan Chilton   Send New Private Message       Edit/Delete Post 
We bypass the entire ASCAP/BMI/SESAC hooplah by only playing local bands. They sign a release that allows their music to be played at our theater, and we flash a pre-show slide that says something like "You're currently listening to LOCAL BAND's newest album, LOCAL BAND'S ALBUM. If you like what you hear, please visit the Cinebar for more information." We always keep a few copies of the CD on hand and switch up the bands quite regularly. Keeps it local AND free! [thumbsup]

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Don Sneed
Master Film Handler

Posts: 451
From: Texas City, TX, USA
Registered: Aug 2001


 - posted 03-09-2005 12:01 AM      Profile for Don Sneed   Author's Homepage   Email Don Sneed   Send New Private Message       Edit/Delete Post 
Hey this is long but worth reading...When I was a sound contractor installing background music system in offices, restaurants, I would sale the equipment & install it, the music was supplied by a music company. They contracted a music supply company such as Muzack, LifeTime Music, & DMX...these companies would use a special FM receiver that only picked up their signal, this would be broadcast as a sub carrier signal from a local high power radio station. Now they are satellite..all the compancies was about the same price $30-65.00 per month depending on the music package, some would supplied the receiver, some the customer had to buy...the music supply company would pay the BMI & ASCAP fees, only charge the customer a monthly music service package price with a 2-5yr contract. This was the way to go without any worry from ASCAP/BMI...I once was hired by ASCAP to go to a Dairy Queen restaurant,(about 60 miles from HoustonTX) they brought lunch we listen to 10 songs played over their speakers, they asked three questions..(1. is the speaker being use a home type or a commercial in-ceiling speakers ? answer was yes.. commercial...(2. is there more than two speaker in the reastuarant ??...answer was yes, 6-inceiling speakers...(3. is the music playing a CD or radio?? answer was Radio...we left, they took me back to Houston...four months later I was called into court to testify for ASCAP on what I saw & heard...but they settle out of court for $25,000.00.....ASCAP was sueing for $250,000.00...$2,500.00 per song, we listen to (10) songs playing a radio station, ASCAP been trying for two years to gewt this reataurant to sign a agreement with them to play music in a reastaurant, the reastaurant refuse, ASCAP file lawsuit for $250,000.00...settle for $25,000.00 ...just for playing a radio through more than two commercial type speakers...make you want to go Hummmmmmmmmmm

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Edward Jurich
Master Film Handler

Posts: 305
From: Las Vegas USA
Registered: Jul 2003


 - posted 03-09-2005 06:29 PM      Profile for Edward Jurich   Email Edward Jurich   Send New Private Message       Edit/Delete Post 
quote: Don Sneed
just for playing a radio through more than two commercial type speakers...
That is correct. That is why you go into many stores and see a radio with 2 speakers playing. It's OK to play a radio in a store through it's own speakers (attached or not). I believe the speakers cannot be installed in the ceiling or wall or behind a screen [Wink]

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