Legal Question in Entertainment Law in California

Ascap charges

Do licensing companies like ASCAP and BMI have a right to randomly charge restaurants for playing music from radio and TV?


Asked on 1/13/09, 1:32 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Ascap charges

It's not random, and, yes.

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Answered on 1/13/09, 1:34 pm
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: Ascap charges

Actually, performing rights organizations have the right to charge all public facilities that play music (there are certain exemptions such as very small venues and radio play). The only reason it may seem to be random is that they do not have enough staff to monitor every facility. Facilities are legally required to obtain a license from ASCAP/BMI/SESAC to play music.

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Answered on 1/13/09, 1:42 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Ascap charges

It's not random. and, YES. ASCAP and BMI are charged by their songwriter members with collecting royalties for public performances of music, such as in bars, restaurants, stores, etc.

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Answered on 1/13/09, 2:36 pm


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