BMI Music License?

[Nick_EventPro]

Just had a client ask for a copy of my BMI card.

Was under the impression that venues paid for music licensing. Can someone clarify if mobile DJs need to have a BMI card legally?

Never been asked for one before. Thanks!

[DJ Scotch]

In this instance musicians, entertainers, DJ, KJ, VJ would all be the same

BMI Licensing
Who Is Responsible for Public Performance Fees If Musicians Are Playing Live Music?

If the musical performance is taking place on the premises, the establishment is responsible for obtaining public performance rights. This responsibility cannot be passed on to anyone else even if musicians hired by management are independent contractors and exceed or ignore specific instructions on what music can or cannot be played. Since it’s the establishment that’s being enhanced by music, the establishment is responsible for ensuring it is properly licensed, similar to other legal responsibilities a business must handle.
This is Item number 16 on BMI's Website

http://www.goodtime.ca/Licensing/bmi.php

May be this will help you!

[Silver Man]

Nick,

I just looked at this a couple weeks ago. I like to DJ at a friend's restaurant and in talking with BMI and ASCAP, I am not the one they would license. The license has to be held by the person/company that is receiving the benefit of the performance. Even though you would be paid for the performance, the ultimate benefit would be held with who hired you (unless you are throwing a public party of your own.) This only applies for public performances. If you are performing for a private function that consists mainly of family and friends, no licenses are needed. At this time, I can't find where on BMI that it states this, but give them a call at 1-888-689-5264 and they can assist you. As for ASCAP, it is stated right in their FAQ:

Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform?
Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business. http://www.ascap.com/licensing/licensingfaq.aspx

I can give you the names of the reps I talked to if you want, just PM me.

The bottom line is that the Copyright Law states that the organization that is gaining benefit from the performance is who needs to obtain the license. With this being said, it always fall back on the business that is hiring you. Believe it or not, there is no license structure for an ongoing DJ or performance license for someone who is moving around. Bars and restaurants are licensed based on max occupancy, sq/ft, seasonal, or a combination of above. It also varies based upon the type of performance as well. Hope this helps.

[RDRCK]

Well, there is a "Mobile" business category on the BMI website, but I am 99.99% sure that it refers to mobile websites/apps that play music (i.e. Pandora, Spotify, ect.) as it is listed as "new media", along with traditional websites.

Pretty sure your client had someone tell him or her to "check to see that the DJ you're hiring carries a BMI license, that way you'll know he's a professional." Obviously, the advice giver didn't know what he or she was talking about.

[Silver Man]

In this instance musicians, entertainers, DJ, KJ, VJ would all be the same

...This is Item number 16 on BMI's Website

http://www.goodtime.ca/Licensing/bmi.php

...

Scotch, FYI, your link on your site is pointing to a non existent page. I think BMI changed their FAQ so there is no 16 anymore.

[DJ Scotch]

Scotch, FYI, your link on your site is pointing to a non existent page. I think BMI changed their FAQ so there is no 16 anymore.

It's working for me. :)

here's another details from BMI website

http://www.bmi.com/licensing/faq

Q: If Musicians Are Playing Live Music, Aren't They Responsible For Public Performance Fees?

Since it's the business or organization that's benefiting from the performance of music, management is responsible for ensuring that the organization is properly licensed. This responsibility cannot be passed on to anyone else even if the musicians hired are independent contractors.

[DJMC]

Simple answer = VENUE pays for all ASCAP, SESAC, or BMI licencing.

There is one "exception" when the DJ becomes a promoter, rents a hall, and plays at a public (not private) event.

[Silver Man]

It's working for me. :)

here's another details from BMI website

http://www.bmi.com/licensing/faq


Ok, maybe the link you provided is not your site (http://www.goodtime.ca/Licensing/bmi.php). But if it is, within that site, it states to go to the BMI website FAQ at http://www.bmi.com/gl/entry/533611 <- BAD LINK and look at item 16 <- there is no item 16. In any case, it is covered with the link you provided.

[Nick_EventPro]

Thanks everyone for the clarification. I've passed the info along to the client. Everything seems good now.

I can't wait for this show, HS dance for 750. I've got some huge surprises planned for them. I'm going to make a video for you all.
I'm definitely taking this setup to the next level. =)

[DJ Scotch]

Ok, maybe the link you provided is not your site (http://www.goodtime.ca/Licensing/bmi.php). But if it is, within that site, it states to go to the BMI website FAQ at http://www.bmi.com/gl/entry/533611 <- BAD LINK and look at item 16 <- there is no item 16. In any case, it is covered with the link you provided.



oh gotcha !! lol my bad