04-09-2010, 10:15 AM
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#1
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Franchise Player
Join Date: Apr 2004
Location: Calgary
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Is This A Joke? (Music copyright issues)
http://www.calgarysun.com/news/alber.../13523026.html
Quote:
The Toronto-based, not-for-profit licensing company, Re:Sound, formerly known as the Neighbouring Rights Collective of Canada (NRCC), is in the process of billing businesses that play recorded music including CDs, MP3s and satellite radio in their establishments.
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So restaurant owners have to pay for Satellite/CDs/iTunes MP3s AND they have to pay more on top of that because other people can listen to it?
Really????
What's next? Anyone who has their car windows down and others can hear the music will have to pay as well?
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04-09-2010, 10:17 AM
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#2
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Franchise Player
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Doubt it goes through, they won't play their music than. Play something else.
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04-09-2010, 10:23 AM
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#3
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#1 Goaltender
Join Date: Apr 2006
Location: Sadly not in the Dome.
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Afraid not. It is all about royalties. We got hit hard here in Vancouver because we had a radio station playing over our on hold music. Technically any business playing music is rebroadcasting it so royalties are due. A little ridiculous I know.
Same sort of thing for PPV's that bars order over normal cable as any resident would. Not allowed to do that as you could be considered to be making money off of the event. You are suppose to pay for the license to rebroadcast which of course is a much higher cost.
I think our fine was in the $20, 000 range. Some time last year this happened.
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04-09-2010, 10:27 AM
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#4
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Voted for Kodos
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Most licensing for these types of things is for private, personal use only. A restaurant is a public place under the law, and thus, regular media cannot be played "legally."
TV, DVDs, etc - all the same.
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04-09-2010, 10:29 AM
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#5
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Voted for Kodos
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Quote:
Originally Posted by Galakanokis
Not allowed to do that as you could be considered to be making money off of the event. You are suppose to pay for the license to rebroadcast which of course is a much higher cost.
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It's illegal even if you can prove that you aren't making any money off of it.
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04-09-2010, 10:31 AM
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#6
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Had an idea!
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Wow.
So any business that plays music over the phone when you're on hold with them is liable to have to pay fines.
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04-09-2010, 10:38 AM
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#7
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Franchise Player
Join Date: Feb 2006
Location: Calgary
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So what if a bar has a few tvs and is just showing random channels on TV? Technically royalties are also owed for rebroadcasting right?
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04-09-2010, 10:41 AM
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#8
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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I don't think this is anything new.
http://www.socan.ca/jsp/en/pub/index.jsp
SOCAN is the Canadian copyright collective that administers the performing rights of more than 90,000 composer, author and music publisher members by licensing the use of their music in Canada. We collect licence fees on their behalf and distribute royalties to them.
If you play recorded music or hire live musicians to enhance your business, a performing rights licence from SOCAN gives you access to virtually the entire world’s repertoire.
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04-09-2010, 10:42 AM
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#9
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Franchise Player
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The legal basis is sound, but it's yet another case of the music industry tripping over itself in the PR department. They just can't seem to get it through their heads that the issue is with their distribution models, and that going after regular people and small business owners just makes the general public more willing to screw them every chance they get.
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04-09-2010, 10:44 AM
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#10
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Voted for Kodos
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Quote:
Originally Posted by Azure
Wow.
So any business that plays music over the phone when you're on hold with them is liable to have to pay fines.
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Quote:
Originally Posted by The Yen Man
So what if a bar has a few tvs and is just showing random channels on TV? Technically royalties are also owed for rebroadcasting right?
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I believe royalties are required in both of those cases.
I'm sure there are services that exist (probably from the regular providers) that allow companies to show TV, and play music channels (with the royalties taken care of).
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04-09-2010, 10:51 AM
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#11
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Franchise Player
Join Date: Jul 2003
Location: In my office, at the Ministry of Awesome!
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Quote:
Originally Posted by You Need a Thneed
I believe royalties are required in both of those cases.
I'm sure there are services that exist (probably from the regular providers) that allow companies to show TV, and play music channels (with the royalties taken care of).
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I know for a fact that companies that play music while people are on hold do have to pay royalties for it. My brother in law worked for a company for a while where part of his job was making sure that got taken care of.
As for the tv. I'm fairly certain that for say a bar to play tv they just pay higher cable/sattelite fees to Shaw, or whoever to cover that part of it.
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04-09-2010, 10:58 AM
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#12
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Franchise Player
Join Date: Jul 2005
Location: in your blind spot.
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There were a number of cases like this in Britain over the past few years.
In one a soup kitchen got levied fines because the cooks in the back had the music loud enough for people out front to hear. In order to pay the fine they held a Christmas concert - and they were dinged again for the rights to the music that was performed.
I have no problem with the idea that people should receive benefit for the music they write/perform, but those benefits should be reasonable and things like this just make me angry.
__________________
"The problem with any ideology is that it gives the answer before you look at the evidence."
—Bill Clinton
"The greatest obstacle to discovery is not ignorance--it is the illusion of knowledge."
—Daniel J. Boorstin, historian, former Librarian of Congress
"But the Senator, while insisting he was not intoxicated, could not explain his nudity"
—WKRP in Cincinatti
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04-09-2010, 11:06 AM
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#13
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Powerplay Quarterback
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Nothing new, we had to pay royalties for our wedding as part of the venue rental.
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04-09-2010, 11:16 AM
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#14
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Norm!
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Pay your royalties.
__________________
My name is Ozymandias, King of Kings;
Look on my Works, ye Mighty, and despair!
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04-09-2010, 11:32 AM
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#15
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Offered up a bag of cans for a custom user title
Join Date: Oct 2008
Location: Westside
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They should charge the musicians for 'advertising' their music!
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04-09-2010, 11:48 AM
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#16
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Voted for Kodos
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Quote:
Originally Posted by Bobblehead
In order to pay the fine they held a Christmas concert - and they were dinged again for the rights to the music that was performed.
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Did they get a band to perform songs live? As long as you don't display the lyrics anywhere, there are no royalties to pay for that.
If the concert was recorded and sold, then they'd have to pay royalties on the songs.
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04-09-2010, 12:12 PM
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#17
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Franchise Player
Join Date: Dec 2007
Location: CGY
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Quote:
Originally Posted by Nage Waza
They should charge the musicians for 'advertising' their music!
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While I think a small business owner playing CDs he's already paid for paying another royalty on top of that is really dumb, your statement is even worse. Let me guess, your favorite band is Nickelback and you drive a Chevy, right?
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So far, this is the oldest I've been.
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04-09-2010, 12:20 PM
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#18
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First Line Centre
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Quote:
Originally Posted by You Need a Thneed
Did they get a band to perform songs live? As long as you don't display the lyrics anywhere, there are no royalties to pay for that.
If the concert was recorded and sold, then they'd have to pay royalties on the songs.
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I may be mistaken but I think the rules are stricter in Britian, especially if the venue is taking any money like they would be at a fund raiser.
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04-09-2010, 12:40 PM
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#19
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Voted for Kodos
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Quote:
Originally Posted by Phaneuf3
I may be mistaken but I think the rules are stricter in Britian, especially if the venue is taking any money like they would be at a fund raiser.
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That could be. In Canada, you don't have to pay any kind of royalties to play a song live.
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04-09-2010, 12:50 PM
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#20
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Franchise Player
Join Date: Jul 2005
Location: in your blind spot.
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Quote:
Originally Posted by You Need a Thneed
Did they get a band to perform songs live? As long as you don't display the lyrics anywhere, there are no royalties to pay for that.
If the concert was recorded and sold, then they'd have to pay royalties on the songs.
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The songwriters get royalties, too. "Happy Birthday to You" is still under copyright in many places.
Quote:
In European Union (EU) countries the copyright will expire December 31, 2016,[7] while in the United States, the song is currently set to pass in to the public domain in 2030.
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Quote:
In March 2004, Warner Music Group was sold to a group of investors led by Edgar Bronfman Jr. The company continues to insist that one cannot sing the "Happy Birthday to You" lyrics for profit without paying royalties: in 2008, Warner collected about $5000 per day ($2 million per year) in royalties for the song. This includes use in film, television, radio, anywhere open to the public, or even among a group where a substantial number of those in attendance are not family or friend to whoever is performing the song.
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http://en.wikipedia.org/wiki/Happy_B...pyright_status
Edit: And of course the Hockey Night in Canada theme is a well know Canadian example.
__________________
"The problem with any ideology is that it gives the answer before you look at the evidence."
—Bill Clinton
"The greatest obstacle to discovery is not ignorance--it is the illusion of knowledge."
—Daniel J. Boorstin, historian, former Librarian of Congress
"But the Senator, while insisting he was not intoxicated, could not explain his nudity"
—WKRP in Cincinatti
Last edited by Bobblehead; 04-09-2010 at 12:53 PM.
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