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  • 1.  Payment for Music Rights

    Posted 10-14-2016 04:19 PM

    Our museum is receiving demands from a outfit called SESAC stating that we have to buy a license fee for music.  Our non profit does not play music on a regular basis.  We allow the use of a hall by third parties for a donation fee and those using the hall hire bands, but we do not pay the bands.  In the past year we have had one car show where we had live music that we paid for.  We do not charge admission, and any fees or donations we receive only offset expenses.  Does anyone have any experience with these guys or have any advice about whether or not we need a license.

     

     

    Mitch Feinstein, President

    Automobile Driving Museum

     

    N. Mitchell Feinstein, Esq.

    2121 Rosecrans Avenue

    Suite 2320

    El Segundo, CA  90245

    Office:  310-616-3419

    Cell:      310-963-2639

    mfeinsteinesq@feinsteinoffice.com

     

    .

     

    IRS CIRCULAR 230 – DISCLOSURE NOTICE

     

    IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients.  To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion".  Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein.  In addition, the materials communicated herein are intended solely for the addressee and are not intended for distribution to any other person or entity, or to support the promotion or marketing of the transaction or matters addressed herein.  Any subsequent reader should seek advice from an independent tax advisor with respect to the transaction or matters addressed herein based on the reader's particular circumstances

    CONFIDENTIALITY DISCLOSURE This e-mail is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.  The foregoing name, telephone number, facsimile number and email information is provided to the recipient for informational purposes only and is not intended to be the signature of the sender for purposes of binding the sender or Mitchell Feinstein, Esq. or any client of the sender or the firm, to any contract or agreement under the Uniform Electronic Transaction Act or any similar law. Thank you for your courtesy and cooperation

     

     



  • 2.  RE: Payment for Music Rights

    Posted 10-17-2016 07:14 AM

    SESAC seems legitimate upon googling the group.  I would have a discussion with them as to why they are asking for you to pay for music rights since it seems all of your usage is through third parties.  It may be necessary to seek representation from an attorney in the matter.  If your institution already has an attorney that is excellent.  If you do not I would highly recommend you find one familiar with museums and copyright law.

    ------------------------------
    William Kunkle
    University of West Georgia
    Carrollton GA



  • 3.  RE: Payment for Music Rights

    Posted 10-17-2016 07:39 AM

    Hi

    SESAC, ASCAP, and BMI and the three big music licensing companies. Music copyright is held, typically, by three parties: the composer, the lyricist, the publisher. It is common for venues to hold annual licenses that would allow you to play music in public, both live and recorded. (It does not matter that your venue or the event is free, you are still using copyrighted material).

    While you could ask the band that played the music if they have an annual license, it's quite unusual for bands to carry them. They assume the venue has the license.

    The license is probably about 1K, I'd not waste your money on a lawyer and just pay the license. 

    Best,

    Tamsen

    ------------------------------
    Tamsen Young
    Digital Media & Strategic Initiatives Manager
    Museum at FIT
    New York NY

    Original Message


  • 4.  RE: Payment for Music Rights

    Posted 10-17-2016 08:25 AM
    SESAC isn't "some guys."   It is the European equivalent of ASCAP, the organization that collects royalties for songwriters and music publishers.  You should have licences from both organizations.  Register on their web sites -- the fees are waived or very low since you do not charge admission.

    --
    Barbara Cohen-Stratyner, Ph. D.
    Judy R. and Alfred A. Rosenberg Curator of Exhibitions
    Shelby Cullom Davis Museum, The New York Public Library for the Performing
    Arts
    40 Lincoln Center Plaza, New York, NY 10023
    212-870-1830; barbaracohenstratyner@nypl.org


    Come see "Laughter, agita and Rage:" Political cabaret in Isaiah Sheffer's NYC.  It is in the Plaza and Steinberg corridors here or on-line at https://www.nypl.org/events/exhibitions/laughter-agita-rage.

     If you missed them, check out the Shakespeare exhibitions on-line:  Shakespeare's Star Turn in America and Artists for LPA Share Shakespeare here: http://www.nypl.org/events/exhibitions/shakespeares-star-turn-america.

    James Baldwin - You think your pain and your heartbreak are unprecedented in the history of the world, but then you read. [Early Essays]



    ------Original Message------

    Our museum is receiving demands from a outfit called SESAC stating that we have to buy a license fee for music.  Our non profit does not play music on a regular basis.  We allow the use of a hall by third parties for a donation fee and those using the hall hire bands, but we do not pay the bands.  In the past year we have had one car show where we had live music that we paid for.  We do not charge admission, and any fees or donations we receive only offset expenses.  Does anyone have any experience with these guys or have any advice about whether or not we need a license.

     

     

    Mitch Feinstein, President

    Automobile Driving Museum

     

    N. Mitchell Feinstein, Esq.

    2121 Rosecrans Avenue

    Suite 2320

    El Segundo, CA  90245

    Office:  310-616-3419

    Cell:      310-963-2639

    mfeinsteinesq@feinsteinoffice.com

     

    .

     

    IRS CIRCULAR 230 – DISCLOSURE NOTICE

     

    IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients.  To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion".  Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein.  In addition, the materials communicated herein are intended solely for the addressee and are not intended for distribution to any other person or entity, or to support the promotion or marketing of the transaction or matters addressed herein.  Any subsequent reader should seek advice from an independent tax advisor with respect to the transaction or matters addressed herein based on the reader's particular circumstances

    CONFIDENTIALITY DISCLOSURE This e-mail is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.  The foregoing name, telephone number, facsimile number and email information is provided to the recipient for informational purposes only and is not intended to be the signature of the sender for purposes of binding the sender or Mitchell Feinstein, Esq. or any client of the sender or the firm, to any contract or agreement under the Uniform Electronic Transaction Act or any similar law. Thank you for your courtesy and cooperation

     

     



  • 5.  RE: Payment for Music Rights

    Posted 10-17-2016 08:35 AM

    My husband is a musician, so I am offering this based on what he has told me. Anytime music is played in your venue, you can be responsible for it. Bands sign up for one of the three licensing agencies and when they play they log their playlist into the agencies site. If a venue doesn't have a license, then the agency has a record that they play music there and can go after them. (If it is original music, the musicians can then paid for their performance.) To make it more complicated/annoying, artists choose who caries their license. So a band at your venue could be playing music government by three different companies. And any kind of music (live bands, playing music recordings) can be subject to the licensing agency.

    ------------------------------
    Sandra Trenholm
    Curator
    New York NY



  • 6.  RE: Payment for Music Rights

    Posted 10-17-2016 09:23 AM

    SESAC is legitimate, but some people do try to run scams using their name. Here’s a good article about Music Licensing for Businesses. Hope it helps.

    Music Licensing For Businesses: Real or Scam?

    Easy On Hold | Blog remove preview
    Music Licensing For Businesses: Real or Scam?
    Music Licensing For Business: Real or Scam? You may know that music used in a business must be licensed. ASCAP, BMI and other performance rights organizations (PROs) are tasked with collecting performance rights licensing fees on behalf of music publishers. These organizations have been stepping up their collections activity, sending letters and making phone calls ...
    View this on Easy On Hold | Blog >

    ------------------------------
    Keith Ostfeld
    Director of Educational Technology and Exhibit Development
    Children's Museum of Houston
    Houston TX

    Original Message


  • 7.  RE: Payment for Music Rights

    Posted 10-17-2016 11:14 AM

    We pay fees annually to SESAC to cover any music that might be played in our facility.  It is a fee based on annual visitation.  Fairly easy to manage.

     

    (Mrs.) Shan P. Rankin

    Executive Director

     

    Museum of South Texas History (MOSTHistory)

    200 N Closner Blvd  |  Edinburg, TX 78541 USA

    P: +1-956-383-6911  |  F: +1-956-381-8518

    srankin@mosthistory.org  |  MOSTHistory.org

    FacebookLinkedIn

    SupportMOSTHistory

    American Alliance of Museums Accredited Museum

     

     



    ------Original Message------

    Our museum is receiving demands from a outfit called SESAC stating that we have to buy a license fee for music.  Our non profit does not play music on a regular basis.  We allow the use of a hall by third parties for a donation fee and those using the hall hire bands, but we do not pay the bands.  In the past year we have had one car show where we had live music that we paid for.  We do not charge admission, and any fees or donations we receive only offset expenses.  Does anyone have any experience with these guys or have any advice about whether or not we need a license.

     

     

    Mitch Feinstein, President

    Automobile Driving Museum

     

    N. Mitchell Feinstein, Esq.

    2121 Rosecrans Avenue

    Suite 2320

    El Segundo, CA  90245

    Office:  310-616-3419

    Cell:      310-963-2639

    mfeinsteinesq@feinsteinoffice.com

     

    .

     

    IRS CIRCULAR 230 – DISCLOSURE NOTICE

     

    IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients.  To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full "covered opinion".  Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein.  In addition, the materials communicated herein are intended solely for the addressee and are not intended for distribution to any other person or entity, or to support the promotion or marketing of the transaction or matters addressed herein.  Any subsequent reader should seek advice from an independent tax advisor with respect to the transaction or matters addressed herein based on the reader's particular circumstances

    CONFIDENTIALITY DISCLOSURE This e-mail is for the sole use of the intended recipient(s) and may contain confidential and privileged information.  Any unauthorized review, use, disclosure or distribution is prohibited.  If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.  The foregoing name, telephone number, facsimile number and email information is provided to the recipient for informational purposes only and is not intended to be the signature of the sender for purposes of binding the sender or Mitchell Feinstein, Esq. or any client of the sender or the firm, to any contract or agreement under the Uniform Electronic Transaction Act or any similar law. Thank you for your courtesy and cooperation

     

     



  • 8.  RE: Payment for Music Rights

    Posted 10-17-2016 03:13 PM

    We pay fees to these licensing organizations as we often hire musicians and play music for events; in addition, we host private events where clients contract musicians, performers etc. There are 3 orgs: SESAC, ASCAP and BMI. Fees are based on annual attendance, and you can register online. 

    ------------------------------
    Anne Thompson
    Manager of Facility Rentals & Events
    Cleveland Museum of Natural History
    Cleveland OH

    Original Message


  • 9.  RE: Payment for Music Rights

    Posted 11-10-2016 09:44 AM

    All,

    If you belong to a parent institution -- such as a college or university -- you may well be covered by performance rights licenses held for the entire institution.  Check with legal council or business services.

    -Eric

    ------------------------------
    Eric Segal PhD
    Director of Education & Curator of Academic Programs
    Samuel P. Harn Museum of Art - University of Florida
    Gainesville FL