Legal Question in Entertainment Law in California

Re: A.S.C.A.P.

It is a public performance of the music, which is not what you were licensed to do when you bought the CD. We can assist you in getting permission and negotiating if you wish.

Re: A.S.C.A.P.

Yes, they can. they and the other Performing Rights Organizations (such as BMI, and SESAC, along with a few other) were formed specifically to collect this money.

The copyright holder (i.e., the songwriter or publisher) has the EXCLUSIVE right to perform a work in public. Therefore, unless you hold a license from the publisher/author, playing the music in a store, restaurant, cafe, etc., constitutes copyright infringment.

The societies mentioned above are empowered by the copyright holders (and the copyright Act) to grant so-called "blanket" licenses, which allow businesses to pay any songs from their catalogs, all for a single annual fee.

Radio stations, Television stations, theatres, and certain other types of licensees have it a lot tougher, as they're required to keep meticulous records logging each song played, for how long, before how many people, etc.

Think of ASCAP license fees as a form of insurance against getting sued.

Note: ASCAP and BMI license different catalogs of music, so if you're playing random CDs, you may need to hold licenses from both.

The rate for your license(s) may be negotiable, so working with an experienced music/entertainment attorney (like myself) can probably help!