copyright business liability
Entertainer Delima with Performance Rights Organization Licensing
<p>I am an entrepreneur who entertains patrons in bars and restaurants for profit similar to a DJ.</p>

<p>I am very aware of the legal implications of playing copyrighted music/songs in public and the business/venue is required to hold a license, or licenses, from a Performing Rights Organization (PRO) in order to play music. To further complicate matters, only works that appear in the PRO's Repertoire that venue holds a license for may be played.  Small bars and restaurants usually cannot afford to buy licenses from the three major PRO's (ASCAP, BMI, SESAC) to cover most music so many only have a single license (sometimes what's included with their jukebox).</p>

<p>As an entertainer I would like to use this as a marketing tool.  But, the issue I have is that some PRO's do not offer their Repertoire as a download or automated access to their Repertoire.  This makes it extremely difficult for entertainers to cull their own music/playlists to ensure compliance within a venue's specific PRO license.</p>

<p>My understanding is that the responsible party for copyright violation in this situation would be the venue owner, not the entertainer.  Is that correct?</p>

<p>I really hate to put my clients at risk, but processing my entire music library to tag each song for which PRO they are represented by will be nearly impossible!  What about when an artist switches PRO's?  I don't know how common this last issue would be, but this is a serious issue without automated access to all PRO databases!</p>

<p>Some owners don't care and will claim ignorance (no excuse), and beg for forgiveness if they are pinched.  For these situations, what is the risk to me?</p>

<p>Thanks!</p>

<blockquote>
  <p>I really hate to put my clients at risk, but processing my entire music library to tag each song for which PRO they are represented by will be nearly impossible! </p>
</blockquote>

<p>So what? You run a business; it's your responsibility to comply with the law. If that costs you time and/or money then that is a cost of doing business and should be reflected in the rates you charge your clients. If the market rate does not cover your costs; stop running an unprofitable business.</p>

<p>Alright.  I'm going to answer this question myself.\ in case someone else ever comes looking for something like this.</p>

<p>I had about an hour-long conversation with a BMI Business rep this morning.  I had a misunderstanding about the PRO licensing.  Apparently, by copyright law, all bars, restaurants, and businesses that have to have a PRO license, must purchase all three to be in compliance.  So, I was told to ensure that any venue I contract with provides either a copy of their PRO licenses, or their PRO license number in the contract.  If they don't hold all those licenses, don't do business with them.</p>
