Legal Question in Entertainment Law in California

copyright regarding restaurant and live music

local small restaurant canceled local band show due to receiving letter from ascap stating venue must pay ascap a fee to have music at his bussiness,venue cannot afford fee thus canceling our performance, thus loss of bussiness, loss of employee hours and so on.Can ascap demand this money.us local muscicians are worried that our venues will stop having live performances and eliminate our opportunity to perform locally. thank you for you time.


Asked on 5/19/04, 2:26 am

2 Answers from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: copyright regarding restaurant and live music

The answer is yes, ASCAP can, and does demand payment of royalty fees, which is used to compensate the songwriters for the playing of their music. It is a problem for every club using live music. There is also BMI, which handles a different music base (rock), and SESAC, which represents more country music. Not much you can do about it, but play original music. Then try to convince your club owner that he wont be liable to ASCAP, BMI or SESAC. Not an easy sell. Sophisticated club owners are few and far apart.

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Answered on 5/19/04, 9:25 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: copyright regarding restaurant and live music

if you play music which is exclusively original (NO covers) then ascap has no right to collect royalties. even if you do play covers, ascap reps are usually flexible/reasonable and will try to keep their "fees" at a price which is low enough so as not to "kill the music"

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Answered on 5/19/04, 2:32 am


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