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To: SamAdams76
As well, if I invite you over to a barbeque at my house and I play a Steely Dan record for you or even if I'm rolling down a public street playing it in my car with the windows rolled down, I am legally obliged to pay public performance royalties.

I find that highly doubtful.

Regards,

26 posted on 02/07/2016 10:17:52 AM PST by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: alexander_busek
I find that highly doubtful.

About my interpretation of the law? Or that I would ever invite you to one of my barbecues?

36 posted on 02/07/2016 10:29:45 AM PST by SamAdams76 (Delegates So Far: Cruz (8); Trump (7); Rubio (7)
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To: alexander_busek
I pulled the below from the ASCAP website.

Q. What is a public performance?
A. 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. We recommend that you contact your local ASCAP representative who can discuss your needs and how ASCAP can help you.

Q. What Does the ASCAP license do?
A. ASCAP gives you a license to entertain your customers, guests and employees with the world's largest musical repertory. One of the greatest advantages of the ASCAP license is that it gives you the right to perform ANY or ALL of the millions of the musical works in our repertory. Whether your music is live, broadcast, transmitted or played via CD's or videos, your ASCAP license covers your performances. And with one license fee, ASCAP saves you the time, expense, and burden of contacting thousands of copyright owners.

So in essence, my backyard barbecue might be exempt from having to obtain an ASCAP license (depending on how ASCAP defines "a small circle of family and acquaintances"). If I have a barbecue for maybe 10-15 people, I might be safe. If I have a hundred people at my barbecue, then not only will my wife be angry with me but I might have to pay ASCAP fees.

On the otherhand, Donald Trump seems well protected if he has obtained a public performance ASCAP license for his rallies. The ASCAP unquestionably states that a license allows the right to ANY or ALL of the millions of musical works in the ASCAP library. Regardless of what blowhards like Adele, Springsteen and little Johnny Cougar have to say about it.

Getting back to my backyard barbeques, they are a blast. I cook up lots of steak, peppers, onions, chicken and such. I blast ASCAP type music all day and night long. We tend to drink heavily. Sometimes a bonfire gets involved.

42 posted on 02/07/2016 10:43:32 AM PST by SamAdams76 (Delegates So Far: Cruz (8); Trump (7); Rubio (7)
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