Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-06 Thread Jay R. Ashworth
On Mon, Aug 06, 2007 at 12:18:36AM -0400, SIP wrote:
 Jay R. Ashworth wrote:
  ASCAP and BMI annual blankets aren't actually that expensive.  A live
  music venue run by some friends of mine had both, and for 535 fire-code
  seating and about 150 nights a year, I think they paid $500 a year to
  each of them.
 
  So, let's decide that songwriting is something worth paying people to
  do (that's who BMI and ASCAP royalties go to, people), and quit
  whining, ok?

 Oh I'm hardly whining. Songwriters usually JUST scrape by on their 
 music, and are often screwed over both by people who don't pay royalties 
 and by ASCAP, BMI, SESAC, NPMI, etc, who are perfectly happy to adjust 
 the royalties paid out in such ways as to maximise what they get to keep 
 and minimise what they have to share.

Ok, I retract 'whining'.  :-)  I'm not in a position to speak about
whether the PRI's are screwing their members or not, but I would assume
they're not screwing them as badly as record companies who own their
performers masters.

I'm merely explaining that, if you 
 WANT to tempt fate and not pay performance royalties for on-hold music 
 or music in the lobby of your office, then you have less of a chance of 
 having to worry about it if you're a tiny shop than if you're a big one. 

Sure.

 And also that there are ways around having to pay yearly fees by using 
 royalty-free music or writing your own.

Not always, which was the point of my original followup: not all buyout
music avoids BMI and ASCAP licensing; the buyout is on the *recording
and sync rights*, not always the performance licensing.

 However, if you get caught willfully performing copyrighted music 
 without paying ASCAP, BMI, et al, you're liable for a $100,000 fine 
 ($20,000 per song if it's not deemed willful) per song.

I wonder how much of *that* money goes to the songwriters.  ;-)

Cheers
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-06 Thread SIP
Jay R. Ashworth wrote:
 However, if you get caught willfully performing copyrighted music 
 without paying ASCAP, BMI, et al, you're liable for a $100,000 fine 
 ($20,000 per song if it's not deemed willful) per song.
 

 I wonder how much of *that* money goes to the songwriters.  ;-)

 Cheers
 -- jra
   
I actually tried to find that out (even something anecdotal), but so far 
no luck. I'm guessing not that much. The law allows for adjusting the 
percentages somewhat on the fly for various reasons (for instance, web 
radio performances give much less money to the songwriters than regular 
radio performances because they fall under a new category created 
specifically to handle web radio), and I imagine that any legal action 
that accrued hefty fines would likely be deemed to be mostly 
administrative and legal costs as opposed to damages to the songwriter.

Just a guess, though, borne from experience and my cynical nature. ;)


N.

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-06 Thread Jay R. Ashworth
On Mon, Aug 06, 2007 at 11:26:25AM -0400, SIP wrote:
 I actually tried to find that out (even something anecdotal), but so far 
 no luck. I'm guessing not that much. The law allows for adjusting the 
 percentages somewhat on the fly for various reasons (for instance, web 
 radio performances give much less money to the songwriters than regular 
 radio performances because they fall under a new category created 
 specifically to handle web radio), and I imagine that any legal action 
 that accrued hefty fines would likely be deemed to be mostly 
 administrative and legal costs as opposed to damages to the songwriter.

Well, that there is actually a valid reason not to pass such fines
along to their members: if they're escrowing them to bankroll legal
action on behalf of such members.

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-05 Thread Stephen Bosch
John Novack wrote:
 The fact that ASCAP goes on campaigns doesn't make it any less absurd
 (or, for that matter, any more likely that the average business is going
 to be taken to task); the reality is that thousands upon thousands of
 interconnects install PBX systems with radio ports on them that are
 plugged into cheap transistor radios bought at Wal-Mart and similar
 places, and nobody -- not the client, nor the interconnect -- has any
 clue about any royalty obligations that entails. People do it, think
 nothing of it (not least because the PBX vendors promote it as a
 feature!) and I think neither ASCAP nor any other royalty agency has the
 necessary resources to make even a dent in this kind of use.
   
 Simply put - tell it to the judge.

As soon as I see one, I'd be happy to.

 Drivers speed , change lanes, cut others off every day and MOSTLY get 
 away with it.
 Doesn't make it legal, does it?

The difference between that and the piped-in radio is that drivers who
speed, change lanes and cut others off *know* they are breaking the law,
and most people who pipe The Fuzz 104 into their waiting rooms neither
 know they are breaking the law, nor do they much care. They can
switch to NPR if they get a letter.

Seriously -- this is totally unenforceable, and most reasonable people
would take a legal threat to stop listening to the radio (which is how
they're going to see it) as ridiculous and insulting, even if they *do*
end up complying.

 Not any different than stealing software is it?

I happen to think that listening to commercial radio broadcast over
public airwaves, whether it's over the speaker in the ceiling or the
radio on my porch, is a whole lot different from stealing software, yes.

 It's one thing if you're Dell or Microsoft and you are using music for your 
 call centre, and another if you're the neighbourhood dental practice.
   
 In the eyes of the law, it makes NO difference.

Lots of things are ugly in the eyes of the law. That doesn't change how
people actually behave. Only real consequences do.

I'm talking about what is happening on the street here, not the world as
you prefer to see it. I have no trouble seeing the dollar signs in the
eyes of the legal barracudas on the payroll of the various licencing
agencies; that doesn't make their enforcement right, reasonable, or
actually happen, for that matter. There are practical limitations on how
many Mom and Pop operations they can go after.

 Do it until you are caught, you say?

Hey -- *I'm* not doing it :) I'm just looking around at the thousands of
people around me who are.

The music business has a horrible public perception problem, and also an
enforcement problem. Chasing after people who are piping commercial
radio into their premises only alienates more of the general public, the
very people they are trying to get to buy their product.

I'm merely relaying the reaction of the average independent business
person to such a request: You want me to do *what*? Come *on*.

 I'd be interested in getting in touch with any small businesses which have 
 been given a cease and desist letter or demand for payment because they 
 piped radio into their phone systems.
 Not only their phone systems but their waiting rooms
 
 Next time you go into an office or store and you see the yellow ASCAP 
 label on the door, you know they probably have gotten a letter.

I have never, ever seen such a label on the door of any professional
office. Feel free to introduce me to someone who has one (and I'm not
kidding.)

 MANY interconnects now have discovered they can make extra by selling a 
 message on hold system that not only hawks the wares of the firm but 
 escapes the clutches of ASCAP.

Introduce me to some. I'm always keen to learn.

 You remind me of a friend who enjoys a good argument with a tree stump.

I only argue with stumps that talk. *You* remind me of the guy on the
freeway who calls the highway patrol because somebody cut someone else off.

I felt compelled to speak up because I see a certain constituency that
snaps to salute when big money waves an attorney's letter in their
faces. There are lots of laws on the books that nobody pays heed to
anymore, like town by-laws which say the mayor has to give a guy he's
just kicked out of town a horse and a week's rations. Laws are written
by people for people (more often, by people to serve the interests of
certain other people) and for specific contexts and circumstances. They
serve a purpose. They are not stone slabs that Moses brought down from
the mountain. That's the reason why community standards matter in the
enforcement of the law.

As they say in the military: the map is not the territory.

Again, please introduce me to someone who's been threatened or served
because they were piping radio somewhere (even better, someone who has
lost a court action because of it). I would like to be educated.

-Stephen-


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-05 Thread Paul
The thread is about music on hold. Things such as playing local radio
stations in a waiting room are not related. I don't think there is
anything illegal about using normal over the air radio and TV for such
purposes as long as it stays in the local market area.

Stephen Bosch wrote:

John Novack wrote:
  

The fact that ASCAP goes on campaigns doesn't make it any less absurd
(or, for that matter, any more likely that the average business is going
to be taken to task); the reality is that thousands upon thousands of
interconnects install PBX systems with radio ports on them that are
plugged into cheap transistor radios bought at Wal-Mart and similar
places, and nobody -- not the client, nor the interconnect -- has any
clue about any royalty obligations that entails. People do it, think
nothing of it (not least because the PBX vendors promote it as a
feature!) and I think neither ASCAP nor any other royalty agency has the
necessary resources to make even a dent in this kind of use.
  
  

Simply put - tell it to the judge.



As soon as I see one, I'd be happy to.

  

Drivers speed , change lanes, cut others off every day and MOSTLY get 
away with it.
Doesn't make it legal, does it?



The difference between that and the piped-in radio is that drivers who
speed, change lanes and cut others off *know* they are breaking the law,
and most people who pipe The Fuzz 104 into their waiting rooms neither
 know they are breaking the law, nor do they much care. They can
switch to NPR if they get a letter.

Seriously -- this is totally unenforceable, and most reasonable people
would take a legal threat to stop listening to the radio (which is how
they're going to see it) as ridiculous and insulting, even if they *do*
end up complying.

  

Not any different than stealing software is it?



I happen to think that listening to commercial radio broadcast over
public airwaves, whether it's over the speaker in the ceiling or the
radio on my porch, is a whole lot different from stealing software, yes.

  

It's one thing if you're Dell or Microsoft and you are using music for your 
call centre, and another if you're the neighbourhood dental practice.
  
  

In the eyes of the law, it makes NO difference.



Lots of things are ugly in the eyes of the law. That doesn't change how
people actually behave. Only real consequences do.

I'm talking about what is happening on the street here, not the world as
you prefer to see it. I have no trouble seeing the dollar signs in the
eyes of the legal barracudas on the payroll of the various licencing
agencies; that doesn't make their enforcement right, reasonable, or
actually happen, for that matter. There are practical limitations on how
many Mom and Pop operations they can go after.

  

Do it until you are caught, you say?



Hey -- *I'm* not doing it :) I'm just looking around at the thousands of
people around me who are.

The music business has a horrible public perception problem, and also an
enforcement problem. Chasing after people who are piping commercial
radio into their premises only alienates more of the general public, the
very people they are trying to get to buy their product.

I'm merely relaying the reaction of the average independent business
person to such a request: You want me to do *what*? Come *on*.

  

I'd be interested in getting in touch with any small businesses which have 
been given a cease and desist letter or demand for payment because they 
piped radio into their phone systems.
  

Not only their phone systems but their waiting rooms

Next time you go into an office or store and you see the yellow ASCAP 
label on the door, you know they probably have gotten a letter.



I have never, ever seen such a label on the door of any professional
office. Feel free to introduce me to someone who has one (and I'm not
kidding.)

  

MANY interconnects now have discovered they can make extra by selling a 
message on hold system that not only hawks the wares of the firm but 
escapes the clutches of ASCAP.



Introduce me to some. I'm always keen to learn.

  

You remind me of a friend who enjoys a good argument with a tree stump.



I only argue with stumps that talk. *You* remind me of the guy on the
freeway who calls the highway patrol because somebody cut someone else off.

I felt compelled to speak up because I see a certain constituency that
snaps to salute when big money waves an attorney's letter in their
faces. There are lots of laws on the books that nobody pays heed to
anymore, like town by-laws which say the mayor has to give a guy he's
just kicked out of town a horse and a week's rations. Laws are written
by people for people (more often, by people to serve the interests of
certain other people) and for specific contexts and circumstances. They
serve a purpose. They are not stone slabs that Moses brought down from
the mountain. That's the reason why community standards matter in the
enforcement of the law.


Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-05 Thread John Novack


Paul wrote:
 The thread is about music on hold. Things such as playing local radio 
 stations in a waiting room are not related. I don't think there is anything 
 illegal about using normal over the air radio and TV for such purposes as 
 long as it stays in the local market area.

 It is ALL copyright infringement, on hold or in a waiting room.

 That is the US law. Some may not like it, and are free to attempt to change it

 It really doesn't matter if one is ignorant of the law, the liability is 
 still there.

 There is PLENTY of royalty free music available for Asterisk or any
 other device. No need to risk ones business by doing otherwise. Why do
 you think Digium chose to NOT distribute copyrighted music?

-- 
Dog is my co-pilot


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-05 Thread SIP
John Novack wrote:
 Paul wrote:
   
 The thread is about music on hold. Things such as playing local radio 
 stations in a waiting room are not related. I don't think there is anything 
 illegal about using normal over the air radio and TV for such purposes as 
 long as it stays in the local market area.

 It is ALL copyright infringement, on hold or in a waiting room.

 That is the US law. Some may not like it, and are free to attempt to change 
 it

 It really doesn't matter if one is ignorant of the law, the liability is 
 still there.

 There is PLENTY of royalty free music available for Asterisk or any
 other device. No need to risk ones business by doing otherwise. Why do
 you think Digium chose to NOT distribute copyrighted music?
 

   
http://www.connectionsmagazine.com/articles/2/212.html

Lots of information around about people who've had issues with 
rebroadcasting the radio in their business establishments. However, it 
is rare that ASCAP et al go after anyone but the big moneymakers. The 
old Bloom County rule still holds true: sue the one with the money.  For 
instance, in 2005, Dennis Rodman ran afoul of ASCAP because he was 
playing music over the speakers of his restaurant. Even HE complained 
rather often that it seems ridiculous that the only way to get 
permission to play music over the speakers of your local establishment 
is to pay utterly prohibitive licensing fees to ASCAP each year, but 
there's little that someone so public could have done to avoid being 
noticed.

Mom 'n' Pop shops are less likely to be noticed or fooled with simply 
because they have a limited visitor base and a low profile as well as 
not having the money to license the music should it become an issue. 
Your average Mom 'n' Pop shop isn't going to pay the $20,000 per song no 
matter WHO threatens them. They'll just cease playing music over their 
PA or on their hold music. This would equate to a waste of time and 
money on the part of the ASCAP, SESAC, or other such agency that's in 
the business of making money, so it's less likely to ever get further 
than a POSSIBLE cease and desist letter.


You pays your money and you takes your chances.  If you're a 
high-profile company, you're far better off buying royalty-free music in 
the first place and just going with that.

Alternately, you could write your own. All our on-hold music was written 
by our employees specifically for use on the on-hold system. It's a way 
of showcasing our local talent pool, and the composers are happy to have 
music in syndication (of sorts).

N.

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-05 Thread Jay R. Ashworth
On Sun, Aug 05, 2007 at 07:28:05PM -0400, SIP wrote:
 Lots of information around about people who've had issues with 
 rebroadcasting the radio in their business establishments. However, it 
 is rare that ASCAP et al go after anyone but the big moneymakers. The 
 old Bloom County rule still holds true: sue the one with the money.  For 
 instance, in 2005, Dennis Rodman ran afoul of ASCAP because he was 
 playing music over the speakers of his restaurant. Even HE complained 
 rather often that it seems ridiculous that the only way to get 
 permission to play music over the speakers of your local establishment 
 is to pay utterly prohibitive licensing fees to ASCAP each year, but 
 there's little that someone so public could have done to avoid being 
 noticed.

ASCAP and BMI annual blankets aren't actually that expensive.  A live
music venue run by some friends of mine had both, and for 535 fire-code
seating and about 150 nights a year, I think they paid $500 a year to
each of them.

So, let's decide that songwriting is something worth paying people to
do (that's who BMI and ASCAP royalties go to, people), and quit
whining, ok?

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-05 Thread SIP
Jay R. Ashworth wrote:
 On Sun, Aug 05, 2007 at 07:28:05PM -0400, SIP wrote:
   
 Lots of information around about people who've had issues with 
 rebroadcasting the radio in their business establishments. However, it 
 is rare that ASCAP et al go after anyone but the big moneymakers. The 
 old Bloom County rule still holds true: sue the one with the money.  For 
 instance, in 2005, Dennis Rodman ran afoul of ASCAP because he was 
 playing music over the speakers of his restaurant. Even HE complained 
 rather often that it seems ridiculous that the only way to get 
 permission to play music over the speakers of your local establishment 
 is to pay utterly prohibitive licensing fees to ASCAP each year, but 
 there's little that someone so public could have done to avoid being 
 noticed.
 

 ASCAP and BMI annual blankets aren't actually that expensive.  A live
 music venue run by some friends of mine had both, and for 535 fire-code
 seating and about 150 nights a year, I think they paid $500 a year to
 each of them.

 So, let's decide that songwriting is something worth paying people to
 do (that's who BMI and ASCAP royalties go to, people), and quit
 whining, ok?

 Cheers,
 -- jra
   
Oh I'm hardly whining. Songwriters usually JUST scrape by on their 
music, and are often screwed over both by people who don't pay royalties 
and by ASCAP, BMI, SESAC, NPMI, etc, who are perfectly happy to adjust 
the royalties paid out in such ways as to maximise what they get to keep 
and minimise what they have to share. I'm merely explaining that, if you 
WANT to tempt fate and not pay performance royalties for on-hold music 
or music in the lobby of your office, then you have less of a chance of 
having to worry about it if you're a tiny shop than if you're a big one. 
And also that there are ways around having to pay yearly fees by using 
royalty-free music or writing your own.

However, if you get caught willfully performing copyrighted music 
without paying ASCAP, BMI, et al, you're liable for a $100,000 fine 
($20,000 per song if it's not deemed willful) per song.

N.

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-04 Thread Stephen Bosch
Steve Kennedy wrote:
 On Tue, Jul 31, 2007 at 05:22:20PM -0400, Jon Pounder wrote:
 
 Quoting John Millican [EMAIL PROTECTED]:
 there are plenty of radio stations with internet feeds of their audio,  
 piping that in would not change any coverage area since anyone with  
 internet could listen anywhere already, you're only providing that to  
 the listener through a phone handset instead of a computer speaker,  
 which amounts to just another audio device controlled by an internet  
 connected computer.
 
 No it's not, you're rebroadcasting and that would incur a difference
 license (if legal at all).
 
 What if the radio is on in the background when I make a call ? is that  
 rebroadcasting ? kind of gets blurry on the definitions there.
 
 That's not as you're listening to it and not trying to rebroadcast.

Well, this is approaching the absurd.

Do you know how many Meridian systems have radios plugged into them for
on-hold background sound? Nobody pays royalties on those.

There are the rules and then there are the practical realities.

-Stephen-

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-04 Thread John Novack


Stephen Bosch wrote:

 Well, this is approaching the absurd.

 Do you know how many Meridian systems have radios plugged into them for 
 on-hold background sound? Nobody pays royalties on those.
   
IF they are discovered by ASCAP and receive a letter demanding payment 
they will. Not absurd at all.
Simply because many do it in ignorance doesn't make it legal
ASCAP goes on campaigns on a regular basis. Home residential users are 
probably safe though not legal. Business users have a greater visibility 
though
There are all sorts of royalty free music sources  available. No excuse 
not to use it.
Or simply pay the yearly fee to ASCAP ( in the US )
 There are the rules and then there are the practical realities.

 -Stephen-

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-04 Thread Dean Collins
Exactly, with the amount of royalty free music out there why bother.

Just go searching for some you like, download it and while you are at it
tip the author/performer a couple of bucks into their myspace tip jar or
similar.

For $10 why take the risk with ascap.



Regards,

Dean Collins
Cognation Pty Ltd
[EMAIL PROTECTED]
+1-212-203-4357 Ph
+61-2-9016-5642 (Sydney in-dial).


-Original Message-
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of John
Novack
Sent: Saturday, 4 August 2007 2:53 PM
To: Asterisk Users Mailing List - Non-Commercial Discussion
Subject: Re: [asterisk-users] Royalty for On Hold Music ?



Stephen Bosch wrote:

 Well, this is approaching the absurd.

 Do you know how many Meridian systems have radios plugged into them
for on-hold background sound? Nobody pays royalties on those.
   
IF they are discovered by ASCAP and receive a letter demanding payment 
they will. Not absurd at all.
Simply because many do it in ignorance doesn't make it legal
ASCAP goes on campaigns on a regular basis. Home residential users are 
probably safe though not legal. Business users have a greater visibility

though
There are all sorts of royalty free music sources  available. No excuse 
not to use it.
Or simply pay the yearly fee to ASCAP ( in the US )
 There are the rules and then there are the practical realities.

 -Stephen-

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-04 Thread Stephen Bosch
John Novack wrote:
 
 Stephen Bosch wrote:
 Well, this is approaching the absurd.

 Do you know how many Meridian systems have radios plugged into them for 
 on-hold background sound? Nobody pays royalties on those.
   
 IF they are discovered by ASCAP and receive a letter demanding payment 
 they will. Not absurd at all.
 Simply because many do it in ignorance doesn't make it legal
 ASCAP goes on campaigns on a regular basis. Home residential users are 
 probably safe though not legal. Business users have a greater visibility 
 though
 There are all sorts of royalty free music sources  available. No excuse 
 not to use it.
 Or simply pay the yearly fee to ASCAP ( in the US )

The fact that ASCAP goes on campaigns doesn't make it any less absurd
(or, for that matter, any more likely that the average business is going
to be taken to task); the reality is that thousands upon thousands of
interconnects install PBX systems with radio ports on them that are
plugged into cheap transistor radios bought at Wal-Mart and similar
places, and nobody -- not the client, nor the interconnect -- has any
clue about any royalty obligations that entails. People do it, think
nothing of it (not least because the PBX vendors promote it as a
feature!) and I think neither ASCAP nor any other royalty agency has the
necessary resources to make even a dent in this kind of use.

It's one thing if you're Dell or Microsoft and you are using music for
your call centre, and another if you're the neighbourhood dental practice.

I'd be interested in getting in touch with any small businesses which
have been given a cease and desist letter or demand for payment
because they piped radio into their phone systems.

-Stephen-

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-04 Thread John Novack


Stephen Bosch wrote:
 John Novack wrote:
   
 Stephen Bosch wrote:
 
 Well, this is approaching the absurd.

 Do you know how many Meridian systems have radios plugged into them for 
 on-hold background sound? Nobody pays royalties on those.
   
   
 IF they are discovered by ASCAP and receive a letter demanding payment 
 they will. Not absurd at all.
 Simply because many do it in ignorance doesn't make it legal
 ASCAP goes on campaigns on a regular basis. Home residential users are 
 probably safe though not legal. Business users have a greater visibility 
 though
 There are all sorts of royalty free music sources  available. No excuse 
 not to use it.
 Or simply pay the yearly fee to ASCAP ( in the US )
 

 The fact that ASCAP goes on campaigns doesn't make it any less absurd
 (or, for that matter, any more likely that the average business is going
 to be taken to task); the reality is that thousands upon thousands of
 interconnects install PBX systems with radio ports on them that are
 plugged into cheap transistor radios bought at Wal-Mart and similar
 places, and nobody -- not the client, nor the interconnect -- has any
 clue about any royalty obligations that entails. People do it, think
 nothing of it (not least because the PBX vendors promote it as a
 feature!) and I think neither ASCAP nor any other royalty agency has the
 necessary resources to make even a dent in this kind of use.
   
Simply put - tell it to the judge.
Drivers speed , change lanes, cut others off every day and MOSTLY get 
away with it.
Doesn't make it legal, does it?
Not any different than stealing software is it?

 It's one thing if you're Dell or Microsoft and you are using music for your 
 call centre, and another if you're the neighbourhood dental practice.
   
In the eyes of the law, it makes NO difference.

Do it until you are caught, you say?
 I'd be interested in getting in touch with any small businesses which have 
 been given a cease and desist letter or demand for payment because they 
 piped radio into their phone systems.
Not only their phone systems but their waiting rooms

Next time you go into an office or store and you see the yellow ASCAP 
label on the door, you know they probably have gotten a letter.

MANY interconnects now have discovered they can make extra by selling a 
message on hold system that not only hawks the wares of the firm but 
escapes the clutches of ASCAP.

You remind me of a friend who enjoys a good argument with a tree stump.

John Novack

-- 
Dog is my co-pilot


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-08-02 Thread Ronan Mullally
On Tue, 31 Jul 2007, Steve Kennedy wrote:

  What if the radio is on in the background when I make a call ? is that
  rebroadcasting ? kind of gets blurry on the definitions there.

 That's not as you're listening to it and not trying to rebroadcast.

I've not been following this thread closely, so apologies if this has
already been covered.

I had a summer job many years ago (early '90s) for the organisation
responsible for collecting royalties in Ireland (IMRO).  My recollection
is probably a bit off, but the situation was that:

 - if you played copyrighted music on your phone system you needed
   a license which was scaled on the number of external channels on
   your phone system

 - if you had copyrighted music playing in the background in your
   office/shop/workplace then you needed a license which was scaled
   on the number of people working in your office/shop/workplace

The reasoning behind both was that the employer was making (or allowing)
the music available to third parties which was classed as a performance in
a public place, which incurs a royalty fee (public == anything that's not
domestic).  It didn't matter whether the music came from TV, radio or a
recording (and royalties were also levied on the TV, radio and recording
companies).

IIRC The licenses were typically an annual fee on the order of (back then)
about IEP 100-200 (now EUR 127-254).

AFAIR the situation was similar in the UK, where the Performing Rights
Organisation (PRO) were the equivalent body.


-Ronan

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Jared Smith
On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
 I think we need to pay for the later, but I am not sure if we need to
 pay for the inbuilt asterisk(freepbx) on hold music.

I'm no lawyer, but here's what I understand.  (Please consult with an
attorney in your area, and don't consider this legal advice.)

The hold music that comes with Asterisk is provided by Digium under
license from Freeplay Music Corporation for use in conjunction
with the Asterisk software only.  It's my understanding that you don't
have to pay any kind of royalties to use it, as long as you're using it
with Asterisk.

You *do* have to pay royalties on music (or MP3 files) by commercial
artists.  These royalties vary by country.  Using commercial music as
hold music is considered broadcasting the music, which requires
different licensing arrangements with the copyright holder.  In the
United States, you can buy a license from ASCAP (the American Society of
Composers, Authors, and Publishers) to be able to broadcast music from
the major record labels.

There are also several other places you can get royalty-free music for
hold music.  I've had good luck looking online, especially at sites like
MagnaTune.



-- 
Jared Smith
Community Relations Manager
Digium, Inc.


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Jay R. Ashworth
On Tue, Jul 31, 2007 at 07:25:00AM -0400, Jared Smith wrote:
 On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
  I think we need to pay for the later, but I am not sure if we need to
  pay for the inbuilt asterisk(freepbx) on hold music.
 
 I'm no lawyer, but here's what I understand.  (Please consult with an
 attorney in your area, and don't consider this legal advice.)
 
 The hold music that comes with Asterisk is provided by Digium under
 license from Freeplay Music Corporation for use in conjunction
 with the Asterisk software only.  It's my understanding that you don't
 have to pay any kind of royalties to use it, as long as you're using it
 with Asterisk.
 
 You *do* have to pay royalties on music (or MP3 files) by commercial
 artists.  These royalties vary by country.  Using commercial music as
 hold music is considered broadcasting the music, which requires
 different licensing arrangements with the copyright holder.  In the
 United States, you can buy a license from ASCAP (the American Society of
 Composers, Authors, and Publishers) to be able to broadcast music from
 the major record labels.

ASCAP, BMI, or SESAC, depending on which PRO the music is registered with.

Note that while there is lots of buyout production music out there,
*some* of that buyout is *only* for the synchronization rights and the
performance royalties are *still* due to the PRO.  Synch rights are for
the performers, performance rights are for the composers.

Some buyout libraries pay their composers a flat buyout in turn for the
rights, and don't register, or they're staffers.  These libraries you
can use without having to have a BMI or ASCAP license.

If the titles of the tracks include (BMI) or (ASCAP), it's a good bet
you need a blanket license to use them legally.

Note that this is *still* true if someone *sells* you on-hold tracks:
the end-user is responsible for performance rights fees, even though
the creator of the composite tracks is responsible for the sync rights.

IANAL, either.

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Deepak Naidu
Thanks Jared, Yes I am using with Asterisk only.  So I am using the inbuilt 
music from Asterisk for onhold.

--
Deepak

Jared Smith [EMAIL PROTECTED] wrote: On Tue, 2007-07-31 at 06:36 +0100, 
Deepak Naidu wrote:
 I think we need to pay for the later, but I am not sure if we need to
 pay for the inbuilt asterisk(freepbx) on hold music.

I'm no lawyer, but here's what I understand.  (Please consult with an
attorney in your area, and don't consider this legal advice.)

The hold music that comes with Asterisk is provided by Digium under
license from Freeplay Music Corporation for use in conjunction
with the Asterisk software only.  It's my understanding that you don't
have to pay any kind of royalties to use it, as long as you're using it
with Asterisk.

You *do* have to pay royalties on music (or MP3 files) by commercial
artists.  These royalties vary by country.  Using commercial music as
hold music is considered broadcasting the music, which requires
different licensing arrangements with the copyright holder.  In the
United States, you can buy a license from ASCAP (the American Society of
Composers, Authors, and Publishers) to be able to broadcast music from
the major record labels.

There are also several other places you can get royalty-free music for
hold music.  I've had good luck looking online, especially at sites like
MagnaTune.



-- 
Jared Smith
Community Relations Manager
Digium, Inc.


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread voiplist
So is there a simple way to license decent, up to date music? Can I
just go to a website, click a buy button, pay my money and download
the song?

It seems idiotic that you need 15 lawyers and a million bucks use
decent on hold music.

Maybe I just don't know the procedure.

I am all for paying the license fees and doing it right but they sure
don't make it easy to give them money.

Any help would be appreciated.



On 7/31/07, Deepak Naidu [EMAIL PROTECTED] wrote:
 Thanks Jared, Yes I am using with Asterisk only.  So I am using the inbuilt
 music from Asterisk for onhold.

 --
 Deepak


 Jared Smith [EMAIL PROTECTED] wrote:
  On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
  I think we need to pay for the later, but I am not sure if we need to
  pay for the inbuilt asterisk(freepbx) on hold music.

 I'm no lawyer, but here's what I understand. (Please consult with an
 attorney in your area, and don't consider this legal advice.)

 The hold music that comes with Asterisk is provided by Digium under
 license from Freeplay Music Corporation for use in conjunction
 with the Asterisk software only. It's my understanding that you don't
 have to pay any kind of royalties to use it, as long as you're using it
 with Asterisk.

 You *do* have to pay royalties on music (or MP3 files) by commercial
 artists. These royalties vary by country. Using commercial music as
 hold music is considered broadcasting the music, which requires
 different licensing arrangements with the copyright holder. In the
 United States, you can buy a license from ASCAP (the American Society of
 Composers, Authors, and Publishers) to be able to broadcast music from
 the major record labels.

 There are also several other places you can get royalty-free music for
 hold music. I've had good luck looking online, especially at sites like
 MagnaTune.



 --
 Jared Smith
 Community Relations Manager
 Digium, Inc.


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread john beaman
Just Google for: royalty free music, and will find plenty of sites that will 
serve your needs.



John Beaman
Telecom Specialist
Voice Telecommunications Services Department.
Good Samaritan National Campus
605-362-3331

 [EMAIL PROTECTED] 7/31/2007 12:49:45 PM 
So is there a simple way to license decent, up to date music? Can I
just go to a website, click a buy button, pay my money and download
the song?

It seems idiotic that you need 15 lawyers and a million bucks use
decent on hold music.

Maybe I just don't know the procedure.

I am all for paying the license fees and doing it right but they sure
don't make it easy to give them money.

Any help would be appreciated.



On 7/31/07, Deepak Naidu [EMAIL PROTECTED] wrote:
 Thanks Jared, Yes I am using with Asterisk only.  So I am using the inbuilt
 music from Asterisk for onhold.

 --
 Deepak


 Jared Smith [EMAIL PROTECTED] wrote:
  On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
  I think we need to pay for the later, but I am not sure if we need to
  pay for the inbuilt asterisk(freepbx) on hold music.

 I'm no lawyer, but here's what I understand. (Please consult with an
 attorney in your area, and don't consider this legal advice.)

 The hold music that comes with Asterisk is provided by Digium under
 license from Freeplay Music Corporation for use in conjunction
 with the Asterisk software only. It's my understanding that you don't
 have to pay any kind of royalties to use it, as long as you're using it
 with Asterisk.

 You *do* have to pay royalties on music (or MP3 files) by commercial
 artists. These royalties vary by country. Using commercial music as
 hold music is considered broadcasting the music, which requires
 different licensing arrangements with the copyright holder. In the
 United States, you can buy a license from ASCAP (the American Society of
 Composers, Authors, and Publishers) to be able to broadcast music from
 the major record labels.

 There are also several other places you can get royalty-free music for
 hold music. I've had good luck looking online, especially at sites like
 MagnaTune.



 --
 Jared Smith
 Community Relations Manager
 Digium, Inc.


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please immediately notify the sender by telephone or return

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Jay R. Ashworth
On Tue, Jul 31, 2007 at 12:49:45PM -0500, voiplist wrote:
 So is there a simple way to license decent, up to date music? Can I
 just go to a website, click a buy button, pay my money and download
 the song?

In some cases, yes.

 It seems idiotic that you need 15 lawyers and a million bucks use
 decent on hold music.

You don't.  Read my other message.

 Maybe I just don't know the procedure.
 
 I am all for paying the license fees and doing it right but they sure
 don't make it easy to give them money.

Sure they do.  :-)

Look for buyout music, which is not registered with BMI or ASCAP, or
which says performance rights included.  If those two things are
true, you're free and clear. 

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread voiplist
I have done this in the past and I don't recall ever finding any
popular music by popular artist.

For example, if I wanted to play oh I don't know an original song
performed by the original artist such as Nora Jones or The Beatles
will I find this sort of thing at a Royalty Free Site?



On 7/31/07, john beaman [EMAIL PROTECTED] wrote:
 Just Google for: royalty free music, and will find plenty of sites that will 
 serve your needs.



 John Beaman
 Telecom Specialist
 Voice Telecommunications Services Department.
 Good Samaritan National Campus
 605-362-3331

  [EMAIL PROTECTED] 7/31/2007 12:49:45 PM 
 So is there a simple way to license decent, up to date music? Can I
 just go to a website, click a buy button, pay my money and download
 the song?

 It seems idiotic that you need 15 lawyers and a million bucks use
 decent on hold music.

 Maybe I just don't know the procedure.

 I am all for paying the license fees and doing it right but they sure
 don't make it easy to give them money.

 Any help would be appreciated.



 On 7/31/07, Deepak Naidu [EMAIL PROTECTED] wrote:
  Thanks Jared, Yes I am using with Asterisk only.  So I am using the inbuilt
  music from Asterisk for onhold.
 
  --
  Deepak
 
 
  Jared Smith [EMAIL PROTECTED] wrote:
   On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
   I think we need to pay for the later, but I am not sure if we need to
   pay for the inbuilt asterisk(freepbx) on hold music.
 
  I'm no lawyer, but here's what I understand. (Please consult with an
  attorney in your area, and don't consider this legal advice.)
 
  The hold music that comes with Asterisk is provided by Digium under
  license from Freeplay Music Corporation for use in conjunction
  with the Asterisk software only. It's my understanding that you don't
  have to pay any kind of royalties to use it, as long as you're using it
  with Asterisk.
 
  You *do* have to pay royalties on music (or MP3 files) by commercial
  artists. These royalties vary by country. Using commercial music as
  hold music is considered broadcasting the music, which requires
  different licensing arrangements with the copyright holder. In the
  United States, you can buy a license from ASCAP (the American Society of
  Composers, Authors, and Publishers) to be able to broadcast music from
  the major record labels.
 
  There are also several other places you can get royalty-free music for
  hold music. I've had good luck looking online, especially at sites like
  MagnaTune.
 
 
 
  --
  Jared Smith
  Community Relations Manager
  Digium, Inc.
 
 
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  To UNSUBSCRIBE or update options visit:
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 recipient, you are hereby notified that any disclosure, copying,

 printing, distributing or use of this transmission is strictly

 prohibited. If you have received this transmission in error,

 please immediately notify the sender by telephone or return

 email and delete the original transmission and its attachments

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread john beaman
No, you will not.  According to the music industry those artists are all are 
entitled to compensation for every time their song is broadcast, which includes 
MoH.  AFAIK, there are no popular songs by popular artists that are 
royalty-free.



John Beaman
Telecom Specialist
Voice Telecommunications Services Department.
Good Samaritan National Campus
605-362-3331

 [EMAIL PROTECTED] 7/31/2007 1:37:00 PM 
I have done this in the past and I don't recall ever finding any
popular music by popular artist.

For example, if I wanted to play oh I don't know an original song
performed by the original artist such as Nora Jones or The Beatles
will I find this sort of thing at a Royalty Free Site?



On 7/31/07, john beaman [EMAIL PROTECTED] wrote:
 Just Google for: royalty free music, and will find plenty of sites that will 
 serve your needs.



 John Beaman
 Telecom Specialist
 Voice Telecommunications Services Department.
 Good Samaritan National Campus
 605-362-3331

  [EMAIL PROTECTED] 7/31/2007 12:49:45 PM 
 So is there a simple way to license decent, up to date music? Can I
 just go to a website, click a buy button, pay my money and download
 the song?

 It seems idiotic that you need 15 lawyers and a million bucks use
 decent on hold music.

 Maybe I just don't know the procedure.

 I am all for paying the license fees and doing it right but they sure
 don't make it easy to give them money.

 Any help would be appreciated.



 On 7/31/07, Deepak Naidu [EMAIL PROTECTED] wrote:
  Thanks Jared, Yes I am using with Asterisk only.  So I am using the inbuilt
  music from Asterisk for onhold.
 
  --
  Deepak
 
 
  Jared Smith [EMAIL PROTECTED] wrote:
   On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
   I think we need to pay for the later, but I am not sure if we need to
   pay for the inbuilt asterisk(freepbx) on hold music.
 
  I'm no lawyer, but here's what I understand. (Please consult with an
  attorney in your area, and don't consider this legal advice.)
 
  The hold music that comes with Asterisk is provided by Digium under
  license from Freeplay Music Corporation for use in conjunction
  with the Asterisk software only. It's my understanding that you don't
  have to pay any kind of royalties to use it, as long as you're using it
  with Asterisk.
 
  You *do* have to pay royalties on music (or MP3 files) by commercial
  artists. These royalties vary by country. Using commercial music as
  hold music is considered broadcasting the music, which requires
  different licensing arrangements with the copyright holder. In the
  United States, you can buy a license from ASCAP (the American Society of
  Composers, Authors, and Publishers) to be able to broadcast music from
  the major record labels.
 
  There are also several other places you can get royalty-free music for
  hold music. I've had good luck looking online, especially at sites like
  MagnaTune.
 
 
 
  --
  Jared Smith
  Community Relations Manager
  Digium, Inc.
 
 
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  asterisk-users mailing list
  To UNSUBSCRIBE or update options visit:
  http://lists.digium.com/mailman/listinfo/asterisk-users 
 
 
 
   
   Yahoo! Mail is the world's favourite email. Don't settle for less, sign up
  for your free account today.
 
 
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 prohibited. If you have received this transmission in error,

 please immediately notify the sender by telephone or return

 email and delete the original transmission and its attachments

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Jay R. Ashworth
On Tue, Jul 31, 2007 at 01:37:00PM -0500, voiplist wrote:
 I have done this in the past and I don't recall ever finding any
 popular music by popular artist.
 
 For example, if I wanted to play oh I don't know an original song
 performed by the original artist such as Nora Jones or The Beatles
 will I find this sort of thing at a Royalty Free Site?

Certainly not.

:-)

Even if you can find non-original-artist recordings of such music, the
*compositions* are registered with BMI and ASCAP, and you'll need
blanket licenses to play them.  (Well, if you only wanted one or two
tracks, you might negotiate specific licenses, but I'm not sure it
would be cheaper.)

Cheers,
-- jra
-- 
Jay R. Ashworth   Baylink  [EMAIL PROTECTED]
Designer The Things I Think   RFC 2100
Ashworth  Associates http://baylink.pitas.com '87 e24
St Petersburg FL USA  http://photo.imageinc.us +1 727 647 1274

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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Darrell S. Long




There's no royalty free popular songs by popular artists. Not only
would you have to pay royalties, you would have to secure the rights
from the artists' representatives just to get the permission to play
the songs in the first place. 
Darrell S. Long
BestWeb Corporation



john beaman wrote:

  No, you will not.  According to the music industry those artists are all are entitled to compensation for every time their song is broadcast, which includes MoH.  AFAIK, there are no "popular songs" by "popular artists" that are royalty-free.



John Beaman
Telecom Specialist
Voice Telecommunications Services Department.
Good Samaritan National Campus
605-362-3331

  
  

  
[EMAIL PROTECTED] 7/31/2007 1:37:00 PM 

  

  
  I have done this in the past and I don't recall ever finding any
"popular" music by "popular" artist.

For example, if I wanted to play oh I don't know an original song
performed by the original artist such as Nora Jones or The Beatles
will I find this sort of thing at a Royalty Free Site?



On 7/31/07, john beaman [EMAIL PROTECTED] wrote:
  
  
Just Google for: royalty free music, and will find plenty of sites that will serve your needs.



John Beaman
Telecom Specialist
Voice Telecommunications Services Department.
Good Samaritan National Campus
605-362-3331



  

  [EMAIL PROTECTED] 7/31/2007 12:49:45 PM 
  

  

So is there a simple way to license decent, up to date music? Can I
just go to a website, click a buy button, pay my money and download
the song?

It seems idiotic that you need 15 lawyers and a million bucks use
decent on hold music.

Maybe I just don't know the procedure.

I am all for paying the license fees and doing it right but they sure
don't make it easy to give them money.

Any help would be appreciated.



On 7/31/07, Deepak Naidu [EMAIL PROTECTED] wrote:


  Thanks Jared, Yes I am using with Asterisk only.  So I am using the inbuilt
music from Asterisk for onhold.

--
Deepak


Jared Smith [EMAIL PROTECTED] wrote:
 On Tue, 2007-07-31 at 06:36 +0100, Deepak Naidu wrote:
  
  
I think we need to pay for the later, but I am not sure if we need to
pay for the inbuilt asterisk(freepbx) on hold music.

  
  I'm no lawyer, but here's what I understand. (Please consult with an
attorney in your area, and don't consider this legal advice.)

The hold music that comes with Asterisk is provided by Digium under
license from Freeplay Music Corporation for use in conjunction
with the Asterisk software only. It's my understanding that you don't
have to pay any kind of royalties to use it, as long as you're using it
with Asterisk.

You *do* have to pay royalties on music (or MP3 files) by commercial
artists. These royalties vary by country. Using commercial music as
hold music is considered broadcasting the music, which requires
different licensing arrangements with the copyright holder. In the
United States, you can buy a license from ASCAP (the American Society of
Composers, Authors, and Publishers) to be able to broadcast music from
the major record labels.

There are also several other places you can get royalty-free music for
hold music. I've had good luck looking online, especially at sites like
MagnaTune.



--
Jared Smith
Community Relations Manager
Digium, Inc.


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Steve Kennedy
On Tue, Jul 31, 2007 at 03:05:32PM -0400, Jay R. Ashworth wrote:

 On Tue, Jul 31, 2007 at 01:37:00PM -0500, voiplist wrote:
  I have done this in the past and I don't recall ever finding any
  popular music by popular artist.
  For example, if I wanted to play oh I don't know an original song
  performed by the original artist such as Nora Jones or The Beatles
  will I find this sort of thing at a Royalty Free Site?
 Certainly not.
 :-)
 Even if you can find non-original-artist recordings of such music, the
 *compositions* are registered with BMI and ASCAP, and you'll need
 blanket licenses to play them.  (Well, if you only wanted one or two
 tracks, you might negotiate specific licenses, but I'm not sure it
 would be cheaper.)

In the UK MCPS-PRS have standard rates for music-on-hold, it all
depends on the number of lines. Their website has details.


Steve

-- 
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UK +44-(0)20 79932612 / US +1-(310)8577715 / Fax +44-(0)20 7483 2455
Skype/GoogleTalk/AIM/Gizmo/Mac stevekennedyuk / MSN [EMAIL PROTECTED]
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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Joe acquisto
. . .
 Even if you can find non-original-artist recordings of such music, the
 *compositions* are registered with BMI and ASCAP, and you'll need
 blanket licenses to play them.  (Well, if you only wanted one or two
 tracks, you might negotiate specific licenses, but I'm not sure it
 would be cheaper.)
 
 Cheers,
 -- jra

So, if, for instance, someone were to pipe in some broadcast stations, for 
MOH, that would be a copyright violation?

Not that I know how to do that, with *, off the top of my head.

joe a


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread John Millican
On Tuesday July 31 2007 4:44 pm, Joe acquisto wrote:
 . . .

  Even if you can find non-original-artist recordings of such music, the
  *compositions* are registered with BMI and ASCAP, and you'll need
  blanket licenses to play them.  (Well, if you only wanted one or two
  tracks, you might negotiate specific licenses, but I'm not sure it
  would be cheaper.)
 
  Cheers,
  -- jra

 So, if, for instance, someone were to pipe in some broadcast stations,
 for MOH, that would be a copyright violation?

 Not that I know how to do that, with *, off the top of my head.

 joe a

IANAL or even close to one.  Just grabbing the music form a broadcast station 
and rebroadcasting is technically illegal, at least in the US.  What I have 
been told is that you would first have to check with the broadcast station, 
sign an agreement with them, and depending on the scope of their coverage, as 
in geographic, you might be able to use their station.  It is my 
understanding that radio stations pay a license fee based on the 
coverage/market area. You may have to pay them the difference between what 
they pay for the coverage of the station and the global coverage that a PBX 
could potentially have. 
As a side note there have been several examples posted in the past of how to 
pipe in a music source.

JohnM


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Jon Pounder
Quoting John Millican [EMAIL PROTECTED]:


there are plenty of radio stations with internet feeds of their audio,  
piping that in would not change any coverage area since anyone with  
internet could listen anywhere already, you're only providing that to  
the listener through a phone handset instead of a computer speaker,  
which amounts to just another audio device controlled by an internet  
connected computer.

What if the radio is on in the background when I make a call ? is that  
rebroadcasting ? kind of gets blurry on the definitions there.





 On Tuesday July 31 2007 4:44 pm, Joe acquisto wrote:
 . . .

  Even if you can find non-original-artist recordings of such music, the
  *compositions* are registered with BMI and ASCAP, and you'll need
  blanket licenses to play them.  (Well, if you only wanted one or two
  tracks, you might negotiate specific licenses, but I'm not sure it
  would be cheaper.)
 
  Cheers,
  -- jra

 So, if, for instance, someone were to pipe in some broadcast stations,
 for MOH, that would be a copyright violation?

 Not that I know how to do that, with *, off the top of my head.

 joe a

 IANAL or even close to one.  Just grabbing the music form a broadcast station
 and rebroadcasting is technically illegal, at least in the US.  What I have
 been told is that you would first have to check with the broadcast station,
 sign an agreement with them, and depending on the scope of their coverage, as
 in geographic, you might be able to use their station.  It is my
 understanding that radio stations pay a license fee based on the
 coverage/market area. You may have to pay them the difference between what
 they pay for the coverage of the station and the global coverage that a PBX
 could potentially have.
 As a side note there have been several examples posted in the past of how to
 pipe in a music source.

 JohnM


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Re: [asterisk-users] Royalty for On Hold Music ?

2007-07-31 Thread Steve Kennedy
On Tue, Jul 31, 2007 at 05:22:20PM -0400, Jon Pounder wrote:

 Quoting John Millican [EMAIL PROTECTED]:
 there are plenty of radio stations with internet feeds of their audio,  
 piping that in would not change any coverage area since anyone with  
 internet could listen anywhere already, you're only providing that to  
 the listener through a phone handset instead of a computer speaker,  
 which amounts to just another audio device controlled by an internet  
 connected computer.

No it's not, you're rebroadcasting and that would incur a difference
license (if legal at all).

 What if the radio is on in the background when I make a call ? is that  
 rebroadcasting ? kind of gets blurry on the definitions there.

That's not as you're listening to it and not trying to rebroadcast.

Steve

-- 
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UK +44-(0)20 79932612 / US +1-(310)8577715 / Fax +44-(0)20 7483 2455
Skype/GoogleTalk/AIM/Gizmo/Mac stevekennedyuk / MSN [EMAIL PROTECTED]
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[asterisk-users] Royalty for On Hold Music ?

2007-07-30 Thread Deepak Naidu
Hi,
Is there any Royalty one needs to pay when using the inbuilt exisimg 
asterisk on hold music or when using any other mp3 from a music album.
   
  I think we need to pay for the later, but I am not sure if we need to pay for 
the inbuilt asterisk(freepbx) on hold music.
   
  --
  Deepak

   
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