Laflin's stuff is good...in sounds a little like a midi file but its good.

I assume that you mean that you should not use someone elses music (or routine for that matter) without their permission. After all, rare is the magaician who can perfrom magic and compose her own music.

Mike

Mike,

Here’s the essence of what I said at my KIDabra lecture. First, a little background on Copyright: Many performers think it’s OK to use mainstream music freely at, for example, a birthday party. Actually, it’s not. When you buy a music tape or CD, that purchase only gives you the right to play the music IN PRIVATE. Just like the “home” use of “home” videos. You buy the right to use that music privately, in your home or your car. If you play the music in public, you need permission. You have to “license” the right to use that music from the copyright owner. If you use the music WITHOUT payment, you are guilty of copyright infringement. And that can be VERY costly, if you get caught.

Here’s the rule in a nutshell: It doesn’t matter if you’re a clown, a magician, a balloon twister, or a storyteller. It’s very simple to understand: If you are being paid to perform, and you use music which benefits your act, you are obliged to pay the copyright owner of that music. It’s similar to buying a book. You buy the right to read that book. Your purchase DOES NOT include the right to get paid for reading from it in public. Nor does it give you the right to reprint and sell that book. For that, you need to obtain permission, and pay a fee to the author, publisher, and/or other copyright owners.

In music, copyright owners are most often the composers and lyricists. But other people may also have a stake in ownership. A recording artist who records one of my songs automatically owns the copyright to their own interpretation of my song. The record label, the music publisher, the music arranger, and even the record producer may also own a piece of the pie. If the song is used in a movie, the film company will also claim a share of the profits.

Performing Rights Organizations such as BMI, ASCAP and SESAC collect royalties from public performances of music on behalf of the copyright owners. In my own case, I am a composer/publisher member of BMI. They collect and distribute royalties for my compositions which have been recorded and performed in public, or on the radio or TV. However, with the advances of the Internet there has been so much piracy, that most of the income I earned has been stolen through illegal downloading, CD duplication and bootlegging. It’s no wonder the Performing Rights Organizations have started clamping down. And now you know why I am such a serious campaigner on this sensitive subject.

Recently, at KIDabra 2004, Duane Laflin and I were discussing this issue of using copyrighted music. And he told me a horror story: The “music police” started taking action in Virginia Beach just two months ago. Establishments and individuals who were using copyrighted music without permission were told to pay thousands of dollars in fines, or be shut down. Just like that. They didn’t even see it coming!

Now, you might say to yourself: “But who’s ever going to check up on me at a birthday party?” And you might be right. BMI might not give a hoot about your birthday party appearances. You may never get caught. But what about that ONE time when a representative of a Performing Rights Organization is present in your audience at a Company Picnic? Or someone mentions it in conversation? Believe me, word gets around. And as described above, big fish and little fish can get caught.

The simple fact is: Using copyrighted music without permission is unethical, and it is illegal. Read that sentence again. Think about it. Now, I don’t want to get into morals and ethics. That all depends on our individual beliefs. But here is just one additional reason NOT to use copyrighted music without permission (and this is something I also shared in my KIDabra lecture):

Let’s say you’ve developed an act using music for which you don’t have a license. Over the years you’ve become really comfortable with the timings of each song. And the different moods, created by the music, for each of your routines is just right. You know where each musical hit and accent is, and you instinctively match your actions to those musical highlights. The show is just perfect!

Then one day, you get called to appear on TV, or a Theme Park. This is your big break! But now, you’ve got to find all new, royalty-free music for your act! You can’t use unlicensed music on TV or in other big venues. And a license isn’t granted overnight. So now you have to substitute royalty-free music for all the pieces you’re familiar with. First, you’ve got to find suitable music. And then you’ve got to re-learn all your routines to work with that new music! It’s going to be a long and laborious nightmare!

The simplest solution is: Use Royalty-Free Music! Elsewhere on this Board you can read about my Make it Magic series of royalty-free music CD’s. Or visit my website at: http://www.arthurstead.com.

- Arthur Stead

Hi Arthur,
Do you have an 'samples' of your music we can download and listen to? e.g. 20 second grabs.

There are a couple of clips off each of Arthur's three CD's here:
http://www.arthurstead.com/Sample1.html

It would be nice if the licensing agencies would answer their mail. Seems they could careless about the small town performer.

Children are use to their silly songs and hip hop. Sad fact but true. It needs to be easier to use a few songs and perhaps mix it with royalty free music during a private performance, schools etc. I know PE teachers use anything they want at the schools.

That's not an issue if you are performint only at private parties, such as in people's homes. There are also no licensing fees necessary if performing at a school or church.

However, Andy is right, once you get out of these venues.



Again, it depends on the venue, Arthur is right up to a point. However, if you are performing in someone's home or at a church or school, those are SPECIFICALLY exempted.

I am a member of ASCAP. I have checked these things out with ASCAP, BMI and SESAC.

Regarding contacting the licensing agencies, forget about mailing them. You have a phone. Use it. They have a legal staff that will tell you everything you need to know. And they are quick about it.

On the other hand, for convenience, using royalty-free music makes a lot of sense. On the off chance that your birthday party show moves out of a private home and into a dude ranch somewhere (NOT exempt) or someone's office (NOT exempt), you will want to be able to do so without any problems.

Before anyone goes wild responding to this post, let me give you this disclaimer. It has been two years since I called ASCAP, BMI and SESAC about this. If there has been a rules change since then, then I apologize. But I don't think there has been.

Again, it depends on the venue, Arthur is right up to a point. However, if you are performing in someone's home or at a church or school, those are SPECIFICALLY exempted.


Thanks Bill for clearing it up. I know magicians who have reached fame status and use sound techs with today's popular music. However, they still perform in educational institutes and children parties. I would hope a venue I was playing at had licensed dee jays already.

I realize there will be a day when we are forbidden to touch anything but royalty free music. That will be too bad cause there is so much kids identify with today. Also, its good for music companies when they ask what songs we use and the kids beg their parents to buy it.

Candini if Bill Says Something by all Means TRUST Him. Don,

I trust him Donster. Perhaps some of us depend too much on music. I know of at least one performer who uses no music and is very successful.

Of course it is possible to perform a Magic Show without music. As someone mentioned before, it just so happens that I am one of those Rare Magicians that happens to be a Singer, Songwriter Recording Artist. Oddly enough, I used to use Cover songs in my Shows. I thought that kids may like songs they know better than Original Songs. I was wrong. If the song is good and has a good beat, they seem to like it just fine. So my advice is to not use music everyone else is using. Even if you do not write your own music, choose music that sets you apart from others. Once I used a popular hit song that everyone knows and got Laughed at by some adults. That is when I started using my Original Music and Songs. I never got laughed at again! Cheers!