Question:
If I can I would like to tell a little story here. I own a diner and music store together here in the USA and on thursday nights we alway have a little jam session , which is open to anybody who wants to play or just listen. Well I recieved a certified letter in the mail one day from BMI saying that if I continued to do so I would be fined $1400.00 + $1.60 for every chair in the place. So we called the 800 # and the guy said we were turned in for charging customers to listening ( which we didn’t ) so I explained and he said I would have to close and serve no drinks or food during the session. Well first of all when we jam we don’t sale drinks or food if we have extra cakes and cookies left over for the day we give them away and the coffee is free . to make a long story short I call back 3 time and get different guy each time and the last guy said that this is is dead issuie and until I get turned again that there is no problem here. So watch you back! In The US of A Rock
Response:
>Why should any bar have a license to have bands? I can see an argument >for needing sound permits for outdoor venues … that’s something >being debated here in Austin, Texas. >But if an establishment has bands INSIDE, who’s to say if that’s >proper? And licences for Christmas carolers? Sheesh … as long as >they’re doing it during reasonable hours (which I would personally pin >at after 10 a.m. and before midnight), where’s the harm?
Amen, exactly when and where was it written that we need the permission of minor bureaucrats to do every last thing in life, up to going the the freakin’ bathroom! What’s next, a permit to own a musical instrument? A permit to hum a tune in the street? A license to fall in love? Lawyers and tax-collectors, the last people on earth we should have in charge.
Response:
> >Why should any bar have a license to have bands? I can see an argument >for needing sound permits for outdoor venues … that’s something >being debated here in Austin, Texas. >But if an establishment has bands INSIDE, who’s to say if that’s >proper? And licences for Christmas carolers? Sheesh … as long as >they’re doing it during reasonable hours (which I would personally pin >at after 10 a.m. and before midnight), where’s the harm?
> Amen, exactly when and where was it written that we need the permission of > minor bureaucrats to do every last thing in life, up to going the the > freakin’ bathroom! What’s next, a permit to own a musical instrument?
Let’s ban *Control Freaks* from running for political office!!!!!!! > A > permit to hum a tune in the street? A license to fall in love? Lawyers and > tax-collectors, the last people on earth we should have in charge.
Regards, Rich Koerner, Time Electronics. http://www.timeelect.com Specialists in Live Sound FOH Engineering, Music & Studio Production, Vintage Instruments, and Tube Amplifiers
Response:
>to make a long story short I call back 3 time >and get different guy each time and the last guy said that this is is dead >issuie and until I get turned again that there is no problem here. So watch >you back!
I would spend a few bucks and get my lawyer to send a letter asking for clarification on the issue. Better than finding out the hard way sometime down the road that the last guy was wrong. Make them put it in writing, and if they don’t, you have your lawyer’s files showing that you asked and they didn’t answer. Get it in writing!
Response:
For all those interested in the UK anti Live Music legislation here is a summary by Hamish Birchal who works fro the British Musicians Union Here is a comprehensive briefing that you may find useful: The Licensing Bill is currently in the House of Lords and began its Committee stage on 12 December. Sometime in early Spring it will go to the House of Commons. The MU welcomes the broad aims of the Licensing Bill insofaras it may reduce alcohol-related crime and disorder by deregulating closing times. However, for musicians it represents the most dramatic increase in regulation for live music for over 100 years. Musicians cannot accept a Bill that discriminates against live music by making the provision of one unamplified performer a criminal offence in almost every case – unless licensed – but amplified music via broadcast or jukebox (which may involve very powerful amplification) is exempt. This fact alone, particularly when combined with the potential for 24-hour opening, undermines the Government claim that the legislation is genuinely concerned to address noise and overcrowding. This is what the Bill proposes: 110,000 on-licensed premises in England and Wales (pubs, bars, restaurants etc) would lose the right to allow one or two musicians to perform. Case law precedent dates this limited exemption back to at least 1899 for unpaid performers. It was incorporated into primary legislation with the Licensing Act 1961, allowing one or two professional performers. The provision of one unamplified guitarist, paid or unpaid, once a month in a restaurant would become a criminal offence unless licensed. Broadcast entertainment on satellite or terrestrial tv, or radio, is to remain exempt from licensing under this Bill. There is no requirement to declare these entertainments on licence applications, nor to disclose the power of amplification used. 15,000 churches outside London would lose their licensing exemption for public concerts – bizarrely this would replace 1982 legislation with provisions dating from 1963 that apply only in London. 5,000 registered members clubs lose their licensing exemption for live music. Thousands of private events, hitherto exempt, become licensable if ‘for consideration and with a view to profit’. The same applies to any private performance raising money for charity. Even wedding receptions, corporate functions, parties, Bar Mitvahs etc are affected: payment to bandleaders or DJs organising entertainment (which may be bands, dance floors, PAs etc etc) triggers the licence requirement. A new licensing criterion is introduced: the provision of ‘entertainment facilities’. This clearly includes the provision of musical instruments and any amplification where applicable. This would mean professional rehearsal studios, broadcasting studios etc will be illegal unless first licensed. Premises without a licence allowing live music will be restricted to 5 events per year, a maximum of 499 people attending/participating. Temporary event permissions may last up to 72 hours. ‘Premises’ is defined as ‘any place’ in the Bill (Clause 188). That means your front room, garden, a street, park or field, etc etc. Musicians could be guilty of a criminal offence if they don’t check first that premises hold the appropriate authorisation for their performance. Buskers similarly potential criminals – unless they perform under a licensing authorisation. Church bell ringing, except when part of a religious service, would a criminal offence unless licensed. Organised carol singing, on front door steps or in the street, would be a criminal offence unless licensed. The maximum penalty for unlicensed performance is a
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