Quote:
Originally Posted by moon
No they aren't owed royalties or else every single person who has a party and plays a CD would owe bands royalties.
Surprisingly they don't charge the prisoners any money to come to Gitmo and listen to the music so they don't have to pay the artists any money if they play their music there.
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Are you certain of that? ASCAP defines public performance as follows (and note that it specifically exempts parties and private social gatherings):
A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt.
I find the mention of on-hold music interesting - it's somewhat similar use of the music (besides the obvious double entendre of being on hold being torture), in that its not something you choose to listen to, it's not a primary component of a profit making venture (eg. music at a bar or for-pay social gathering like hockey games at the Saddledome), but you are still on the hook for it because you are publicly broadcasting it. Even elevator music has to be licensed, when nobody specifically is gathering to listen to it (they just wanna ride the elevator)
It's an academic question at best, obviously the topic of torture is much more important here than whether or not Trent R gets paid more money, and for all we know, De La Rocha is in Gitmo
Edit: This link
http://excesscopyright.blogspot.com/...rmance-in.html indicates that prisons have to license music, so this isn't any different, I would think.