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Re: Anyone familiar with ASCAP, BMI, and SESAC licensing? Mar 19, 2008 3:46 PM
Is your business similar to these?
http://www.trusonic.com
http://creativeretail.com
If so, then you must apply for a blanket license with each of the performing rights agencies (BMI, ASCAP, and SESAC -- although since SESAC's catalog is much smaller and is mainly country and gospel music, some music programmers simply choose to exclude artists/selections that are licensed through SESAC from their playlists, and go with BMI and ASCAP music only.)
Each agency has literally hundreds of different fee structures, which is why some club owners pay a little, and some pay a lot -- dozens of factors figure in (owners that don't pay anything are taking a huge risk unless, as you noted, they're simply playing the radio or TV which is okay for restaurants under 3,750 sf and retailers under 2,000 sf). You really have to contact each agency directly and speak to a representative about what you're doing to get a an idea of the cost.
I'm sure you wouldn't do this since you're asking the right questions, but don't try to launch or promote your music programming business without obtaining the proper blanket licenses. It is illegal and expensive (the statutory damages are $500 to $20,000
per song that is used without permission, and if the court determines that you willfully violated the law, it can increase to $100,000) -- plus your competitors who
did pay the blanket license fees will report you in a heartbeat.
Hope this helps. Best wishes.
