|
10 members (Fdemetrio, texritter, BB Wilbur, bennash, Guy E. Trepanier, Kay-lynn Carew, Sunset Poet, 3 invisible),
84,664
guests, and
6,887
robots. |
|
Key:
Admin,
Global Mod,
Mod
|
|
Welcome to the Just Plain Folks forums! You are currently viewing our forums as a Guest which gives you limited access to most of our discussions and to other features.
By joining our free community you will have access to post and respond to topics, communicate privately with our users (PM), respond to polls, upload content, and access many other features. Registration is fast, simple, and absolutely free; so please join our community today!
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A test
by bennash - 05/26/26 07:18 AM
|
|
|
Rob
by Rob B. - 05/25/26 11:14 PM
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Joined: May 2004
Posts: 486
JPF Mentor
|
JPF Mentor
Joined: May 2004
Posts: 486 |
If I may, I will add a little more insight here: First, Truman is correct that when a PRO starts requesting amounts in the thousands of dollars it is probably due to the fact that the venue previously ignored warnings to buy a license. When this happens, the PRO usually does it's homework, and establishes a history of infringement for which it can seek punitive damages. The cost of buying a license to begin with is much lower (see below). However, to say that BMI is a "for-profit" organization is incorrect. I recommend that people read the case of BMI vs. CLAIRE'S BOUTIQUE 949 F.2d 1482 from the United States Court of Appeals, Seventh Circuit (1991). In that case, it was established as fact that BMI is a non-profit performing rights organization. It is also interesting to note that in the CLAIRE'S case BMI offered to sell the defendant a license "at an annual cost of $240 for the first location and $45- 60 for each additional location" depending on the size of the location and the volume of sales. The defendant refused, and BMI then sued them for 88 counts of copyright infringement. Another case that is interesting to read is BMI vs. STAR AMUSEMENTS 44 F.3d 485, also a Seventh Circuit case (1995). In that case the Court found that BMI "negotiates" blanket licensesw which grant the operator of a bar, radio station, etc., the right to play any of the thousands of songs in its stable for a fixed fee. The Court noted that BMI distributes 80% of the money received back to the composers. In the STAR AMUSEMENTS case, BMI had Field Inspectors who showed up and kept track of the number of BMI songs played without a license (14). BMI then sued the defendant for infringment, and the District Court awarded BMI the maximum statutory damages ($10,000 for each of the 14 "infringing performances") totaling $140,000. It is much cheaper for the defendant to buy a license. Punitive damages are designed to prevent future infringements of the copyright holder's works, and to encourage venues to buy licenses so they can freely use the music in the first place.
|
|
|
|
We would like to keep the membership in Just Plain Folks FREE! Your donation helps support the many programs we offer including Road Trips and the Music Awards.
|
|
|
Forums118
Topics128,619
Posts1,184,072
Members21,478
| |
Most Online148,207 May 25th, 2026
|
|
|
"The standard by which I now measure the things in my life is the following: If I was on my death bed, or if I knew I had a short time to live, would this issue be important? If the answer is no.. I don't sweat it at all. If the answer is Yes, you better believe it goes to the front of the order of today's business!" -Brian Austin Whitney
|
|
|
|