FreakinWeasel
05-24-2004, 07:29 PM
POLK CITY -- This small town has no elevators, and consequently, no elevator music.
And the town hall doesn't use music to entertain callers who are placed on hold.
But the American Society of Composers, Authors and Publishers, a music copyrighting and licensing agency, says the city must be using some form of music it shouldn't be. The organization has made clear to Polk City officials that it can sue if the town does not receive a license and is discovered to be using copyrighted music.
Along with other music copyrighting organizations such as Broadcast Music Inc. and the Society of European Stage Authors and Composers, ASCAP manages licensing and distribution of royalties for songwriters, composers and performers whose music others may wish to use publicly.
These groups have been among the major crusaders against the free distribution of music over the Internet, a fight that has already resulted in thousands of lawsuits throughout the country, the most notable taking place against file-sharing giant Napster and its customers. Polk City isn't the only local municipality being warned.
Haines City officials have received a letter and phone call from the music licensing agency advising them to register for a license also.
"Our city attorney has suggested we look into this further," Assistant City Manager Amy Arrington said. "We don't use music when people are on hold.
"We have a few instances where we use music, like during the fireworks for our Fourth of July celebration," Arrington said. "That eight-minute tape could be an example of when a city would need to have this kind of license."
The city of Bartow received notice six months ago and chose not to register with ASCAP or any other licensing agency.
"Our position is we don't do anything that would trigger the requirement of being licensed by them," said City Attorney George Dunlap.
Vince Abbatiello, vice president and director of general licensing at ASCAP, said the cities were contacted because "most municipalities play music at some point whether it be during parades or arts and craft fairs."
Until recently, local governments had to buy licensing agreements for each event that music was used for.
Now, Abbatiello said, cities can purchase a blanket agreement that allows the use of copyrighted music throughout the year without penalties.
The cost ranges from $260 annually for a town of up to 50,000 residents to a maximum fee of $52,000 for a city of more than 500,000.
According to ASCAP, about 700 municipalities nationwide have signed the blanket agreement.
The city of Lakeland has an agreement with both ASCAP and BMI, licensing productions that take place at The Lakeland Center, said city spokesman Kevin Cook. He was not aware of any other productions, musical or dramatic, that the city needed or had a license for.
In Polk City, few, if any, town functions involve music. The only music heard in the town hall comes from the small radios some staff members keep on their desks.
Source: The Lakeland Ledger (http://www.theledger.com/apps/pbcs.dll/article?AID=/20040524/NEWS/405240365/1004)
And the town hall doesn't use music to entertain callers who are placed on hold.
But the American Society of Composers, Authors and Publishers, a music copyrighting and licensing agency, says the city must be using some form of music it shouldn't be. The organization has made clear to Polk City officials that it can sue if the town does not receive a license and is discovered to be using copyrighted music.
Along with other music copyrighting organizations such as Broadcast Music Inc. and the Society of European Stage Authors and Composers, ASCAP manages licensing and distribution of royalties for songwriters, composers and performers whose music others may wish to use publicly.
These groups have been among the major crusaders against the free distribution of music over the Internet, a fight that has already resulted in thousands of lawsuits throughout the country, the most notable taking place against file-sharing giant Napster and its customers. Polk City isn't the only local municipality being warned.
Haines City officials have received a letter and phone call from the music licensing agency advising them to register for a license also.
"Our city attorney has suggested we look into this further," Assistant City Manager Amy Arrington said. "We don't use music when people are on hold.
"We have a few instances where we use music, like during the fireworks for our Fourth of July celebration," Arrington said. "That eight-minute tape could be an example of when a city would need to have this kind of license."
The city of Bartow received notice six months ago and chose not to register with ASCAP or any other licensing agency.
"Our position is we don't do anything that would trigger the requirement of being licensed by them," said City Attorney George Dunlap.
Vince Abbatiello, vice president and director of general licensing at ASCAP, said the cities were contacted because "most municipalities play music at some point whether it be during parades or arts and craft fairs."
Until recently, local governments had to buy licensing agreements for each event that music was used for.
Now, Abbatiello said, cities can purchase a blanket agreement that allows the use of copyrighted music throughout the year without penalties.
The cost ranges from $260 annually for a town of up to 50,000 residents to a maximum fee of $52,000 for a city of more than 500,000.
According to ASCAP, about 700 municipalities nationwide have signed the blanket agreement.
The city of Lakeland has an agreement with both ASCAP and BMI, licensing productions that take place at The Lakeland Center, said city spokesman Kevin Cook. He was not aware of any other productions, musical or dramatic, that the city needed or had a license for.
In Polk City, few, if any, town functions involve music. The only music heard in the town hall comes from the small radios some staff members keep on their desks.
Source: The Lakeland Ledger (http://www.theledger.com/apps/pbcs.dll/article?AID=/20040524/NEWS/405240365/1004)