[Jewelry making - Article 00168] - Re: [Orchid] Music at my Booth

[James White]

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>         (Broadcasting Music Incorporated), who told me that it is the
>     promoter of each show who has to take care of getting a license and
>     paying the fees, it is not the artist! 

    PLEASE contact them again. It sounds like you ended up talking past
    each other each thinking one meant one thing when they actually meant
    another (and you may have talked to a "mere" receptionist who was
    trying to be helpful, and goofed, too). Do you have the response IN
    WRITING so you can POST it for us to see? By "artist" BMI most likely
    means the performer and/or songwriter, NOT a jeweler and by
    "promoter" they likely mean a
    performance-artist-promoter-who-is-selling-a-show-for-that-performanc
    e-artis t and who would deal with all song and performance rights
    licensing and payments ON BEHALF OF the performance artist, NOT a
    jewelry show "promoter." 

    Since YOU would be playing the recorded music to BENEFIT a
    COMMERCIAL endeavor YOU will be the one LIABLE for any Copyright
    infringement and/or royalties and/or penalties. Have you read EVERY
    word in the show contract? It may very well address the issue, if not
    specifically, by stating that the show promoter's responsibilities
    are LIMITED to ONLY what the contract spells out thus leaving (as it
    should be) YOU fully responsible for everything else about your
    booth, presentation, products, etc. 

    It sounds to me like you are only listening to the advice you WANT
    to hear---a very dangerous game. PLEASE, get your advice from an
    ATTORNEY specializing in Copyright and LICENSED to practice where you
    wish to be playing the music. IANAL but I'm pretty certain you will
    find U.S. practice is VERY MUCH like German practice, that is why BMI
    and ASCAP exist and what they do is very much encoded into the law. 

    (Of the about 10 responses you got on Orchid about 5 were from
    knowledgeable, intelligent people and about 5 were from ignorant
    idiots-----do you know how to distinguish between the two? Does it
    not BOTHER you that the RATIONALEs you heard for NOT paying DIFFER
    substantially between the several folks WHO you apparently CHOSE to
    "hear"?) 

James E. White
Inventor, Marketer, and Author of "Will It Sell? How to Determine If
Your Invention Is Profitably Marketable (Before Wasting Money on a
Patent)"  Info Sites:   www.willitsell.com    www.inventorhome.com,
www.idearights.com www.taletyano.com www.booksforinventors.com

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