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The Magic Cafe Forum Index » » F/X » » Copyrighted Music - Fair Use? (0 Likes) Printer Friendly Version

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Bill Nuvo
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I am a DJ. So are a few other magicians on this forum. How many are legit, I don't know. All I know is that I pay out about $1500.00 a year for the right to play the music. Really not that much when you factor in that is paid for only after a couple of gigs.

DJ's are constantly being checked. With downloading creating so many instant DJs, they (socan) have been clamping down. I know of one DJ who got a $10,000 fine.
BondJames628
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So, what about http://www.freeplaymusic.com ? I really don't understand their policy. Could you use these songs legally? Thanks.
Beyond Impossible: www.freewebs.com/illoosionzmagic

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Bill Nuvo
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Read the terms of use and licensing. It really depends on what you are using it for. Their is a licensing fee, so you are paying for the use of it so you would have legal use of it according to their terms of use. Need any clarification in "plain english", I would advise contacting them. They can tell you exactly what they mean, since they wrote the terms.
Decomposed
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Risky if you don't hear from them either. Sometimes its difficult to get a straight answer unless you send a formal letter.

Hire some local talent to make you some music is the way to go. $1500 a year is a little over my head, I'd do without the music. Its important but I could get by without it.

I can only imagine how many songs a dee jay goes through in a night. If I ever went up and asked one if he had a license, he would think I was doing a check so I would never really get a straight answer either. Most events I work at aren't open to the public which I guess opens up a whole new can of worms.
tophatter
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Mr. Billdentertainer if your paying 1500.00 to play the right music you must have a really good Job , or a bunch of magic gigs. Care to throw a few my way LOl !!
Tops
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We have sooo many deejays here where I live. They have signs everywhere. I would be willing to bet about 1 percent (if that) have a license. Asking one at a party for his license, I would ensure first he wasn't bigger then me and also how sober he is. They are meaner then Tomcats here if you cross them. I'd rather skirmish with a bartender then a deejay. I think its a carry over from the disco days.

I think the music license is similiar to having insurance also. Lots of magicians here only do birthday parties in private homes. Sounds like Brittany Spears is in that house by the time they are done with all the balloon animals and box magic.

When I do huge stage gigs, the venue owner will be responsible for the license or I will just have to turn it down.
tophatter
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Candini, well said .
tophatter
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Sometimes I get to a show & have the birthday child play his favorite music !
Decomposed
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Tophatter,

I wouldnt worry about it unless you perform in a public venue. I read if you change the music it may be okay to use it.

Perhaps someone can clarify the use of changed music.
Decomposed
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Is the kid's favorite music royalty free?

Oh nevermind, its late, Im thinking public venue again. Then its not worth the risk.
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The freeplay fees (from above) are a little steep. Here is their rate chart, above my paygrade. Looks like $250/4 minutes:

http://www.freeplaymusic.com/licensing/ratecard.php
Decomposed
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I just went to ASCAP website FAQ. Public Performances and NON-Dramatic performances are key words. Anything to do with drama are not licensed by ASCAP.
Bill Nuvo
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As mentioned before, there are a few of us here who produce music and are willing to help others (some for a fee, some for a donation). Or you can buy those magic music cds available at most magic shops/stores. But if you want original go with hiring a musician/music producer.

$1500 isn't really that much when you consider that is paid off in a couple of gigs (2-3) for DJing and then another gig to pay the insurance. So that's maybe 4 gigs to cover your major expenses. Profit is very good when you do at least 40 dj gigs a year.

Some DJs get away with just using licensed music at a venue that pays the licensing fee (ie a bar).
Daniel Faith
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What about older music like classical, etc,....Where the author is long dead?
Is there a certain length of time that when pasted would allow old stuff to be used without licensing?
Daniel Faith
silverking
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Most written classical compositions do not have a copywrite on them.

This doesn't mean that a specific classical performance by a specific group of performers (the actual CD with the music on it) won't have a copywrite on it.

In other words, you're free to use the written music, but you're still not free to use the actual recording of an orchestra or string quartet, etc.

So unless you play the violin, and have a lot of friends who do as well, you're no further ahead than you are with popular music.
Bill Nuvo
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That is a very good point that I think we haven't mentioned yet. You still have to pay royalties/fees even if you use your own talents or hire musicians to play copywritten music. There is a lot of music that is in the "public domain". To see an example...pull out a Christmas Album. Some songs will say in the credits (Public Domain) or (Traditional) like "God Rest Ye Merry Gentlemen" This music has no royalties except for the people who performed on the current recording you are listening too. Many songs don't have the public domain title attached but still may be. You'll have to contact SOCAN ASCAP and others to find out if the song you want has licensing fees.

So, my advice is just to get unique and make your own or have it made. Then you will have a unique selling feature "Featuring original music" It works for me. I am able to perform at music festivals because of this.
Bill Rubie
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Music unions are very strict. A friend of mine, who owns a furniture store,played CD's in the store.

The union BMI/ASCAP sent scouts in and they threatened him with a law suit or pay a monthly fee. ( I think it was 600.00 per month.)
When a person starts off a factual statement with "They Say"...

Please ask, who are they?



Bill
magicdave777
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Quote:
On 2006-03-30 01:18, BryanDreyfus wrote:
To save the problems I can offer this....

I have a large collection of "Smartsounds" in many themes.

If you could record your trick as you intend to perform it with no music I could add musical styles that you can rehearse to after you get your video back.

The musicis royalty free and my efforts are "by donation". If you like it pay something for it.

Bryan

ps. if you don't know about SmartSound music then see http://www.smartsound.com and read up on it.



Thanks for this link!
silverking
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Quote:
Music unions are very strict.


A minor clarification here, BMI/ASCAP/SOCAN are not Unions, nor is their mandate similar to that of a Union.

These are organizations whose sole purpose is to collect publishing royalties for musicians who have assigined the right to collect them directly to BMI/ASCAP/SOCAN.
Decomposed
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Daniel,

Add drama to your program.

Candini
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