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» Film-Tech Forum   » Operations   » Ground Level   » Non-Sync Radio (Page 1)

 
This topic comprises 2 pages: 1  2 
 
Author Topic: Non-Sync Radio
Dane Cash
Film Handler

Posts: 15
From: Hereford, Texas, Usa
Registered: Dec 2003


 - posted 09-19-2005 08:11 PM      Profile for Dane Cash     Send New Private Message       Edit/Delete Post 
Please forgive me if this has been discussed somewhere else, but I searched and didn't find it. Perhaps I didn't search with the right terms. But I was wondering If its legal to play a local radio station as non-sync music? .. I know grocery stores and other businesses do over loudspeakers and such. But I didn't know if there were different laws for a movie theater. Again Sorry if this has been discussed before.

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Monte L Fullmer
Film God

Posts: 8151
From: Nampa, Idaho, USA
Registered: Nov 2004


 - posted 09-19-2005 08:32 PM      Profile for Monte L Fullmer   Email Monte L Fullmer   Send New Private Message       Edit/Delete Post 
..might get in trouble with ASCAP and BMI with rebroadcasting radio music as non-sync music, and they can post pretty heavy fines if caught if no royalties are being paid.

..yet I've seen many-a-theatres rebroadcast radio stations for the public. Big time risk there.

Grocery Stores and other merchant venues have paid royalties, or using wireless broadcast companies who themselves have paid royalties such as XMRadio and Sirrus, for such broadcasts to BMI and ASCAP for permission, since they are being monitored by checkers of these two music associations.

-Monte

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Mike Blakesley
Film God

Posts: 12088
From: Forsyth, Montana
Registered: Jun 99


 - posted 09-19-2005 08:47 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
If you're in a small town, I'd go for it until you get caught.

As a safety net, subscribe to MovieTunes and keep the CD (in player) handy in your booth, that way if the music cops show up, you can tell'em that your projectionist accidentally turned the switch to the wrong position.

PS: I'm not a lawyer and the above should NOT be considered legal or even reliable advice, and was posted for entertainment purposes only, even if it is a good idea (and I'm not saying it is).

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Dane Cash
Film Handler

Posts: 15
From: Hereford, Texas, Usa
Registered: Dec 2003


 - posted 09-19-2005 08:47 PM      Profile for Dane Cash     Send New Private Message       Edit/Delete Post 
Thanks, certainly don't wanna get fined cuz I'm sure they're quite steep. As far as paying royalties goes, would actually paying the radio station be considered that, or would I have to go through ASCAP or BMI? I just hate movietunes and such and would rather have local radio stations that the customers can relate to more than movietunes that plays music that you certainly wouldn't hear on the VMAs. And I don't know much about Sirrus or XM but Perhaps that would be a better choice.

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Mike Blakesley
Film God

Posts: 12088
From: Forsyth, Montana
Registered: Jun 99


 - posted 09-19-2005 08:50 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
OK, now this is a serious reply.

You can't pay royalties direct to the radio station. You would have to buy a license from ASCAP and BMI (both) in order to play the radio station, legally, in your theatre. I don't know how much those licenses cost but I've heard it's very expensive.

If you subscribe to XM or Sirius, you will pay a monthly fee (I'm not sure about Sirius, but for XM it's $27.95) for a commercial account, and that amount takes care of all your ASCAP and BMI fees.

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Dane Cash
Film Handler

Posts: 15
From: Hereford, Texas, Usa
Registered: Dec 2003


 - posted 09-19-2005 08:56 PM      Profile for Dane Cash     Send New Private Message       Edit/Delete Post 
Thanks for your help. Yeah I do live in a small town, but im not quite willing to be sued or fined heavily cuz of that. And of course competition might actually become smart and realize its against the law, course thats a Big Might .. heh

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Mike Williams
Master Film Handler

Posts: 255
From: Knoxville, TN
Registered: Feb 2002


 - posted 09-20-2005 03:27 PM      Profile for Mike Williams   Email Mike Williams   Send New Private Message       Edit/Delete Post 
XM has a subscription package that is designed for businesses. It is a bit more expensive (I think $24 a month) but it takes care of the license issue.

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Mike Blakesley
Film God

Posts: 12088
From: Forsyth, Montana
Registered: Jun 99


 - posted 09-20-2005 04:39 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
...which I said 3 posts ago. (It's $27.95 a month, which I also said up there.)

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Louis Bornwasser
Film God

Posts: 4395
From: prospect ky usa
Registered: Mar 2005


 - posted 09-20-2005 06:36 PM      Profile for Louis Bornwasser   Author's Homepage   Email Louis Bornwasser   Send New Private Message       Edit/Delete Post 
Yes, the XM deal is priced right and, if you can't find suitable program material, you are too choosy. Louis

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Mike Williams
Master Film Handler

Posts: 255
From: Knoxville, TN
Registered: Feb 2002


 - posted 09-20-2005 08:25 PM      Profile for Mike Williams   Email Mike Williams   Send New Private Message       Edit/Delete Post 
quote: Mike Blakesley
...which I said 3 posts ago. (It's $27.95 a month, which I also said up there.)
Sorry Mike.. I must have spaced out.

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Eric Hooper
Jedi Master Film Handler

Posts: 529
From: Fort Worth, TX, USA
Registered: May 2003


 - posted 09-21-2005 12:30 PM      Profile for Eric Hooper   Email Eric Hooper   Send New Private Message       Edit/Delete Post 
A local gym near me just plays the radio over their intercom sound system... There is/was always a fight over the stations.

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Mike Blakesley
Film God

Posts: 12088
From: Forsyth, Montana
Registered: Jun 99


 - posted 09-21-2005 02:47 PM      Profile for Mike Blakesley   Author's Homepage   Email Mike Blakesley   Send New Private Message       Edit/Delete Post 
The BMI and ASCAP people are constantly trying to shut down all playing of radio stations or CDs in public places. They're fighting a losing battle, and the whole thing is complete nonsense.

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Scott Norwood
Film God

Posts: 7850
From: Boston, MA. USA (1774.21 miles northeast of Dallas)
Registered: Jun 99


 - posted 09-21-2005 02:52 PM      Profile for Scott Norwood   Author's Homepage   Email Scott Norwood   Send New Private Message       Edit/Delete Post 
Agreed with Mike. As long as you aren't advertising the music or selling tickets to listen to music, I don't see what the fuss is about playing the radio in a public space. If anything, the radio stations should be happy about it because it gives them more listeners; ASCAP et al. should also be happy about it because more listeners=more exposure for their music (and likely increased record sales). And hasn't the music already been licensed by the radio station, anyway?

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Don Sneed
Master Film Handler

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


 - posted 09-21-2005 10:56 PM      Profile for Don Sneed   Author's Homepage   Email Don Sneed   Send New Private Message       Edit/Delete Post 
When I was in the background music business installing sound systems for stores, restaurants, Dr. offices ect...I was involve with ASCAP & BMI...the fine was $2,500.00 per song played over the system while ASCAP/BMI rep. was there listening to it, usually they listen to 10 songs played...but they first come & warn you about their services, if the owner refuse to sign an agreement with ASCAP/BMI, they will warn him again, if still refuse then the fine starts & a court date is held...I been involve as a paid witness to several of these lawsuites...believe me ASCAP & BMI always win !! best bet is to sign with a background music supply company for a low monthly fee & the supplier paid the ASCAP/BMI fees at a flat rate....ASCAP/BMI charges by the seating, people count, how many speakers being play through, & square footage of the building, if signing ASCAP/BMI it can be a expenive ordeal...the way around it is sign up through a local music supplier such as Muzax... now this was 10 yrs ago, maybe it change a bit...

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Dane Cash
Film Handler

Posts: 15
From: Hereford, Texas, Usa
Registered: Dec 2003


 - posted 09-23-2005 12:02 AM      Profile for Dane Cash     Send New Private Message       Edit/Delete Post 
As far as my thinking goes, As Long as you get it ok'ed by the radio stations you want played, then you wouldn't think that ASCAP or BMI could do anything about it. Perhaps if you play a station without their approval then maybe they could fine and whatnot. With all the legal stuff out there 2day, I'm surprised you don't have to have a license to legally breathe air.

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