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The Magic Cafe Forum Index » » Right or Wrong? » » If you figure it out yourself, is it stealing? (0 Likes) Printer Friendly Version

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Jonathan Townsend
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Eternal Order
Ossining, NY
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Quote:
On 2008-09-14 13:38, Fake Josh wrote:
Actually, if you were to perform a Beatles song in public you don't owe anyone anything....


Really?
...to all the coins I've dropped here
Fake Josh
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Well, if you are performing it on TV then yes, you would have to pay royalties for sure. No one said anything about TV though, so I just assumed (using the examples given) that we were just talking about regular performances maybe in front of friends or at the most a paid gig at some sort of gathering (your choice at to what that might be) that has no media coverage.
Donal Chayce
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Inner circle
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Actually, that's incorrect. With very few exceptions, if you perform a copyrighted song in public, then you are legally obligated to pay a royalty to the appropriate performing rights society (in the US its ASCAP or BMI) that is split between the composer/lyricist and the publisher.

The TV networks and many live-performance venues pay annual blanket license fees to these societies (based on a rather complicated formula), and in that case the performer doesn't have to pay the royalty--it's already covered.

Furthermore, if you use a copyrighted song in connection with another type of performance (such as with an illusion), by law you must negotiate and pay for a synchronization license in addition to paying the public performance royalty. And if you use someone else's copyrighted recording of the song, you must also negotiate and pay for a master use license as well.

Thus concludes "Music Clearance 101." Smile
Fake Josh
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http://proairshow.com/Music%20Licence.ht......termined

Wow, you are right. After paying the licences, the taxman and a new set of strings, I'm sure not left with too much of the $200 I got for playing a wedding. Either that, or I just won't get the licence and consider that even trade for charging $15-$20 for a CD with only 1 or 2 good songs on it.

So I hope that everyone here who has ever done a birthday gig paid the licence if they sang Happy Birthday.
stoneunhinged
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Here in Germany the clubs pay an annual fee based upon the estimated number of potential guests (seats, in other words; but they don't count chairs, they calculate a theoretical number based on floor space) and the frequency of live music. So if I own a club dedicated to old-timey music, and not a single person plays a single copyrighted piece the entire year, Paul still gets his cut, because I still pay a license fee for owning a club in which live music is played. This is one reason Paul is a rich man. Smile I'm paying him (indirectly) every time I pick up my banjo and step on a public stage. Cool, huh!

As far as Happy Birthday goes, you might read this:

http://en.wikipedia.org/wiki/Happy_Birthday_to_You
Fake Josh
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Just another reason why AOL-Time Warner is the devil. I guess some people just can't have too much money. Smile
wayno
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Canada
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Quote:
On 2008-09-15 02:38, Fake Josh wrote:
Wow, you are right. After paying the licences, the taxman and a new set of strings, I'm sure not left with too much of the $200 I got for playing a wedding. Either that, or I just won't get the licence and consider that even trade for charging $15-$20 for a CD with only 1 or 2 good songs on it.


The music industry has their own ethical standards. However, their's are inforceable by law.

I'm just waiting for Disney to shut down Kanga and Roo's Daycare that opened up in my town recently. Heh.
Wayne Stevenson
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Sid Helkule
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Quote:
On 2008-09-15 01:19, Donal Chayce wrote:
Actually, that's incorrect. With very few exceptions, if you perform a copyrighted song in public, then you are legally obligated to pay a royalty to the appropriate performing rights society (in the US its ASCAP or BMI) that is split between the composer/lyricist and the publisher.

The TV networks and many live-performance venues pay annual blanket license fees to these societies (based on a rather complicated formula), and in that case the performer doesn't have to pay the royalty--it's already covered.

Furthermore, if you use a copyrighted song in connection with another type of performance (such as with an illusion), by law you must negotiate and pay for a synchronization license in addition to paying the public performance royalty. And if you use someone else's copyrighted recording of the song, you must also negotiate and pay for a master use license as well.

Thus concludes "Music Clearance 101." Smile


I'm going to have a word with that busker performing outside of my work tomorrow. Cheeky sod. And then I'm going to mail his coin filled hat to BMI, just to teach him a lesson. The nerve...
Joey Stalin
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Dear Lord Xenu! Think of how much you could end up owing in one drunken night of karaoke!
-A single death is a tragedy, a million deaths is a statistic.
-It is easier to fight for one's principles than to live up to them.
-The secret impresses no one. The trick you use it for is everything.

See you space cowboy...
wayno
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Quote:
On 2008-09-16 05:12, Joey Stalin wrote:
Dear Lord Xenu! Think of how much you could end up owing in one drunken night of karaoke!

The majority of Karaoke disks have proper liscensing for their releases. This becomes very apparant when you listen to some "casioed" music that accompanies them. Casioed being refered to the music sounding electronic because it was made from a CASIO (or other style) electric synth. Not using the actual recording from the originator.

Sound Choice's releases are a bit better quality with most of their songs using the actual studio instrumentals from the bands that made the hits. But they're properly liscensed, and usually a bit more expensive for the disks.
Wayne Stevenson
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Joey Stalin
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I think there is a big difference between seeing the performance of an effect then replicating it and seeing the inner workings of an effect then copying what you saw. Because nobody owns the rights to the effect of levitating something, be it a man, woman, animal, dollar bill, ect. Because if that were true, than anything an everything, despite if it uses a different method, is stealing from whoever levitated the whatever for the first time in history.
-A single death is a tragedy, a million deaths is a statistic.
-It is easier to fight for one's principles than to live up to them.
-The secret impresses no one. The trick you use it for is everything.

See you space cowboy...
JoshuaMichael
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Magicians may have a hard time protecting their inventions, but presentations can be copyrighted, many of the oldtimers copyrighted evreything they said on stage - like a play - so they could stop copiers from doing their tricks. Most comics today have ways of dealing with joke stealers. If you copy it is called plagerism.
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