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

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Decomposed
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Move onto mentalism. With so much exposure of magic on the internet, its difficult to perform anything commercial these days.

With mentalism, use Midnight Syndicate run thru music. Fair use for performers the way it should be.


JMO
Bill Rubie
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I never said "Labor Union" However; they are still the watchdogs for the industry. They are a group of artist, composers that unite together and follow the rules of the organization. And in the industry it is not uncommon for artist to refer to the groups as "unions". I'm just saying there are representatives for the artist who compose, write and perform out there to make sure they get there money.

Thanks for the reminder in semantics
Bill
When a person starts off a factual statement with "They Say"...

Please ask, who are they?



Bill
kregg
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Be original and have your music made. There are thousands of musicians who have their own studio's and you'll never have to look over your shoulder.
POOF!
Decomposed
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The only problem is the audience isn't familiar with the songs when they are composed unless they are really really good.

If show is good enough, just skip the music all together. Or make it a drama and use whatever music you like.

JMO
Bill Palmer
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This is another case of the blind leading the blind and the lame leading the halt.

I am a member of ASCAP. The other two groups that are most active are BMI and SESAC. The rules are pretty much the same for all of them.

If you are performing in a private home, no problem. If you are performing in a church or school, no problem. If you are performing in a night club or other venue that uses live music, they already pay fees, so your act will probably be covered by all of this.

Where it gets sticky is in venues such as large civic auditoriums, trade show facilities, etc. which do not have a license. Then you become liable for all music used. The fact that a tune is in the public domain means nothing, if the performers or arrangers of it are members of one of the groups I mentioned above.

The idea that a furniture store would have to pay ASCAP $600 a month for playing CDs is ludicrous. That might be the annual fee, but not the monthly fee. That's the kind of fee that is charged for a restaurant or club that features live music and seats a fairly good sized number of people.

These fees are determined by how many people the venue will seat, how much they charge for admission and how much the music has to do with people coming in.

If you are even thinking of using pieces of any pop music, make sure that you are doing it legally. The penalties are too stiff to take the risk. There is excellent royalty free music available from several sources. One is Arthur Stead. His site is http://www.arthurstead.com/ . Arthur's music is excellent. He is a professional arranger and composer. He worked for Aerosmith, Cher, and a number of other well-known artists. He has also done soundtrack work for Spielberg.

The CDs he sells are very inexpensive, in the $30 - $40 range.

Some people seem to think that ASCAP, BMI and SESAC are unions. No. You don't have to be a member of any of these to get your music played. You don't have to follow any specific guidelines. All they do is collect royalties and distribute them to their artists.

The reason that there is so much music available is that organizations like ASCAP, BMI and SESAC help composers and arrangers receive the compensation they are due under the law. Without the possibility of collecting royalties, there are many composers who would go back to their day gigs.

Too bad there isn't such a thing for magic.

BTW, if you are worried about whether a song has to be recognizable by the audience to be effective, forget it. Sometimes it gets in the way. You want the audience to think about you, not your music.
"The Swatter"

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Dan McLean Jr aka, Magic Roadie
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Quote:
On 2006-06-19 12:49, Bill Palmer wrote:
BTW, if you are worried about whether a song has to be recognizable by the audience to be effective, forget it. Sometimes it gets in the way. You want the audience to think about you, not your music.

I certainly do agree with Bill on this. I think music should play a supporting role to your magic. DJ's feature songs, and magicians feature magic. Sure there will be exceptions, but in my opinion, they should be rare.

Well, there's my 2 cents worth (That's a little joke for the piano tuners in the group!)
Dan McLean Jr
Bill Palmer
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Nice pun.

Let me add this. When you start discussing rights to music, plays, etc., the term is copyright, not copywrite. The terms applying to this are copyright and copyrighted. Copywrite means to write copy. Copywritten is basically a meaningless term.

I mention this, because when you get into discussions about copyright, you are discussing legalities, and this requires very precise language.

If you sent a letter to ASCAP asking if a certain action were a violation of copywrite, they could tell you "no," and still ding you for the fees. They would be telling the truth. It is really a good idea to educate yourself on these things.

I grew up in a family that earned most of its income from the publication of music. As a magician and a publisher, I can see both sides of this issue. Sometimes it can be a very scary one for the uninitiated.

Most of the time, when ASCAP or BMI, which are the two biggest ones in the US, call on someone, it can be very intimidating, because they usually start quoting laws and regulations. Sometimes they actually frighten people into not using music at all, because it can be a confusing matter.

A couple of years ago, there was a restaurant in Kentucky that featured a bluegrass band a couple of nights a week. A competitor turned them in to ASCAP, who called on the restaurant. They were going to charge $50 a week for the license. That's it. The restaurant just quit booking live music. Their business fell off, and now they are not making much money at all. If the musicians had known how to handle the whole thing, it could have been taken care of with one simple sentence. "Our arrangements are our own. We play public domain tunes and our own material." But they would have had to prove it. And that takes a lot of time.
"The Swatter"

Founder of CODBAMMC

My Chickasaw name is "Throws Money at Cups."

www.cupsandballsmuseum.com
ClintonMagus
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I have a question - at magic conventions, is the music used by the performers covered under a blanket license by the organizers?

Amos McCormick
Things are more like they are today than they've ever been before...
Neil_Brown
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Quote:
I have a question - at magic conventions, is the music used by the performers covered under a blanket license by the organizers?

It might be, it might not- it would depend!

If the convention is held somewhere which puts on a lot of shows, then, the venue might have a licence. Alternatively, the convention organisers might have arranged for an event licence. If not, then, it would be up to each individual performer to ensure that they have the necessary licences in place.
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