Nevermind!

Just like I said... ... Ignore these post!

Ok here is an update. I contacted BMI, ASCP and both told me the same thing. They can not issue a license to be used by a Magician who uses music with his illusions, as it is considered a THEATRICAL PRODUCTION. Yes you heard me right.

However, in a situation like this, I was infromed by the powers that be, that the venue (civic center, school, chruch, etc) can recive a promoters license, or appropatie one for their catagory, and the Magician would be covered under that.

However in the case that the venue does not have a copyright license, the MAGICIAN will not, I repeat, will not be held responsible becuase it is the responsibility of the venue, regardless of if the Magician is producing the event or the venue is.

This is what I was told by the poweres that be from both offices.

Hi Everyone... I'm new! I came across this posting and wanted to join in. I run a boutique music publishing company, Levy Music Publishing where we license music. To help with the first post about the DVD release of your performance, you will need "master" and "sync" licenses for all the music in the project. While we control theatrical production rights as well, my background is in tv producing so we specialize in tv/film placements. This has been really informative... thanks.

What about a cover of a song? Should I seek permission from the artist, or the original writer, or both?

John,
In the case of a "cover", both the song and the recording have copyright owners. The writer may not own the publishing rights to the song, and the cover artist may not own the rights to the recording of that song.

In my opinion, this thread is now so long, and contains so much conjecture, that it's very confusing.

The only way to get the right answers for the song(s) in question is to contact the publishing rights organization in your country. For Canada & the US, see the first post in this thread.
Good luck!

Ok, I have a question... I'm in Canada and I need to obtains the permission for two songs that is registered with ASCAP... Do I need to obtain the permisson via ASCAP?

No. In Canada, the rights probably are administered by SOCAN. Call SOCAN ... They will give you the correct answers.

In another thread I posted the following "Question for everyone. If doing a free show I don't get paid no one pays admission do royalties still need to be paid? No one is profiting I am curious about this." and was told "Paid or not, the law is the same.
Check this link.
Cheers!
"

I don't understand though whats the difference between using music for an unpaid show or say playing a cd at a bbq in the summer time? Im not trying to argue but don;t understand.

chrusa,
Call BMI, ASCAP or Harry Fox for the correct answer. I imagine the difference is that the law will consider that you're promoting yourslf, or promoting something, by using it in any kind of show. Again, call BMI, ASCAP or Harry Fox for the correct answer. They'll be happy to help.

I have read the post in this thread. I perform with music in my show. I am just wondering does anyone know of anyone busted by the "Music Police"? There is mention of a girl in Canada being hunted down by Disney, (did they catch her and toss her in a dungeon?). Has anyone out there been fined for playing Happy Birthday at the local Elks lodge? I work with a lot of DJ's I do not think many of them pay royalties. I understand this subject is about the legal and moral aspects of using music in your show, but I am just wondering about the real world situations.

Gordon Russ

Gordon,
The "real world situation" is that tarrifs must be paid, and, in America, the best way to find the correct info is through ASCAP/BMI/Harry Fox. In Canada, it's through SOCAN. Every country has its ow organization.

I hope the legal & moral aspects are enough to sway folks from using music illegally.
If not, know that the Air Canada Centre, home to the Toronto Raptors, the Toronto Maple Leafs, and countless international concert tours, was sued by SOCAN (the Canadian equivalenmt to ASCAP/BMI) for non-payment of tarrifs.
http://www.thestar.com/article/154394
Again, I hope the legal & moral aspects are enough to sway folks from using music illegally.

I know of someone (a DJ) who was slapped with a 10,000 dollar fine here in Canada for using illegal unlicensed music

OK I called the BMI and ASCAP.. They said there is nothing for magicians at all. This would be an issue of the venue you are perform9ing for. END OF QUESTION. That is straigth from their mouths.

But did you ask if you are responsible if the venue doesn't pay?

Yes, they said no. It is the responsiblitiy of the venue, if you are a performing artisits that uses background music during your act. The licenses do not cover you because, A. You are not performing live music of coppyrighted matrial, B. Because you are not replaying it for a FREE EVENT (yes I said Free). They said that the venue can purchase the license and charge you for the fee, but there is no way to issue the magician one as an entertainer, and even if you did purchase the license under another catagory (as I was going to do with my production company) they infromed me that I could still be sued for not having the PROPER LICENSE. So yes, the venue would be responsible.

Good info on the proper license and still could be sued. This is why we have said to contact your local group for any questions. Even reading CCPCris's response, I would still be inclined to call myself, as anything posted on here is not intended as legal advice.

Some of the info that CCPCris has posted is incorrect. For answers to these questions, PLEASE do not rely on anything you see posted in internet discussions. Contact ASCAP (USA), BMI (USA), The Harry Fox Agency (USA), SOCAN (Canada), and so on.

Getting legal advice on a magic forum makes as much sense as going to a law forum for help with your "ambitious card" routine. The only difference is that the latter is less likely to result in a law suit.

Earlier in my career as a TV executive I handled music clearance (i.e., I negotiated and secured performance licenses, sync licenses, parody licenses and master use licenses) for hundreds of copyrighted musical compositions, songs and recordings.

Listen to Dan.

Great info, thanks!