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Topic: What music?
Message: Posted by: WagsterMagic (Dec 24, 2007 08:52AM)
What music is this in the beginning of the video. Like the first 30 sec.



Message: Posted by: Dave Gerin (Dec 24, 2007 09:20AM)
I forget the name of the song but I know that its on the Jock Jams CD.
Message: Posted by: Bill Nuvo (Dec 24, 2007 09:38AM)
Get Ready For This (orchestral mix)
By 2 Unlimited
Message: Posted by: yeahidomagic (Jan 1, 2008 09:42PM)
On 2007-12-24 10:38, mrbilldentertainer wrote:
Get Ready For This (orchestral mix)
By 2 Unlimited

Yep you can find it on limewire that's were I got mine from .
Message: Posted by: Bill Nuvo (Jan 1, 2008 10:48PM)
Better yet, buy it instead of downloading it for free. Especially if you are going to use it in your act (see also sticky at the top of FX forum).
Message: Posted by: Magic Enhancer (Jan 2, 2008 09:36AM)
Yes, definitely purchase it. The quality is a lot better than downloading it. Also, it's more ethical to purchase music rather than (illegally) downloading it.

ON this note, I think I should chime in here since I deal A LOT with using music in acts and it's legality. As many of you are aware of my Magic Enhancer Volume 1 CD has some copyrighted background music in it. Before releasing this CD, our team, as well our my lawyer has done TONS of research on this issue. I do not want to change this thread into a legality thread, but this is something I think that all performers should take note on.

If you plan to use music that is NOT yours (excluding royalty free), then you must be careful. The last thing you need is to be sued by someone. You are authorized to play any type of music, just so long that the venue you are playing is ASCAP or BMI certified. Most hotels, theaters, bars, etc pay certain fees each year to be able to host DJs and other professions where music is played. It is alays a great idea to check with the venue to be sure they are ASCAP / BMI certified. If you don't want to go through the trouble, you can get a BMI or ASCAP license and not have to worry. As you could specualte, I am a member. Here are a few links which explain more about it. Also, a search on the Café will turn up a number of interesting threads.



Be careful :)

Robert Haas
Message: Posted by: silverking (Jan 2, 2008 11:18AM)
I believe you're blending two completely different legal obligations regarding "publishing royalties" and "permission from the publisher to use music in a commercial undertaking" into one blanket statement.......somthing that can get folks into legal trouble.

Part one is the ACTUAL VENUE the music is played in and their obligation to remit fees to the appropriate agency, and part two is the ACTUAL PERMISSION from the artist or their publisher to use their composition in a commercial undertaking.

They are both COMPLETELY DIFFERENT sets of "permissions" and "obligations", and having one does not automatically give you the other.
The venue coverage is primarily designed to recoup fees to the artist for the playing of background music, or playing of published music by cover bands or original bands also covering published tunes. It also covers amateur dancers and their like, who use published music to dance to, but are not commercial acts in and of themselves.

In a commercial magic act, if you use published music without direct permission from the publisher you're viewed as stealing that music regardless of whether the venue you're playing in remits THEIR obligatory fees to ASCAP or BMI.

In a nutshell:
If you use the latest Madonna song in your act, and you don't have permission from the publisher to do so, having the venue you're playing in remit fees to BMI or ASCAP won't mean a thing when her lawyers contact you.

The venue remitting fees is strictly an obligation to the venue, and in no way implies that the artist actually has permission to use previously published music in a commercial undertaking.

Sticky containing hard facts on this topic at the top of this forum.

The statement in the post before this one which reads "You are authorized to play any type of music, just so long that the venue you are playing is ASCAP or BMI certified." is fundamentally incorrect, and will result in legal tangles for anybody taking it as being correct.
Message: Posted by: silverking (Jan 2, 2008 12:57PM)
Further to my above post, a key phrase in this discussion is "incidental music".

But first.......NOBODY here should be making decisions based on what I, or anybody else says here on the Café. They should be checking with ASCAP, BMI, SOCAN, etc directly.

If your music is seen as incidental to your performance, different rules are applied than would be applied if your music is seen as "integral" to your performance.

For example, background music is "incidental" music but still must have it's ASCAP, BMI, or SOCAN fees remitted by the venue the background music is being heard in.
It's rare (but not altogether unknown) for a professional performer to be seen as using "incidental" music during their performance.

A professional magician using a new Foo Fighters track during an effect may be seen as using that published music in an "integral" fashion, and would require not only that the venue remit ASCAP, BMI, or SOCAN fees as per their venue obligations, but the artist would ALSO require permission directly from the music publisher to use the published song in their particular commercial application.....in this case, a magic show.

Although I remit funds to ASCAP, BMI, and SOCAN daily as a venue manager, and offer my thoughts as accurate information, it's only related as per MY experience and may not apply to everybody, and in every situation.

Please do your OWN investigations into whatever obligations to publishers or their representatives you feel may apply to you (and if you're using published music, they DO apply to you)............The point that many in this forum have tried to make (even if some of the facts are wrong) is that you should definitely DO that research before designing an entire show around a bunch of Top 40 tunes, and then find out that your next gig is at a convention of music publishers, because sure as would be, one of them attending our example convention will have exclusive publishing rights to the song you're using for your big finale! :)
Message: Posted by: Bill Nuvo (Jan 2, 2008 01:03PM)
Please again...refer to the sticky at the top of FX and contact those associations for info. We shouldn't turn this thread into a legal debate.
Message: Posted by: silverking (Jan 2, 2008 01:25PM)
If you feel it appropriate Bill, you could contact the moderators and ask that this thread be moved into the sticky thread..........not a bad idea actually!

There is however, information in this specific thread that doesn't exist in the sticky, and this information may be of value to others, so there's no real benefit to ending the discussion.

I'm not sure there's any debate taking place though, it's just discussion in effort to get clarity.
Message: Posted by: Bill Nuvo (Jan 2, 2008 01:36PM)
I agree that this info should be put into the other sticky. You could do that just by copying these posts and making a post in that section.

This discussion IS very important. I didn't mean to make it sound like an arguement or anything as such. Just would like to keep the info all in one place.