Personal computing discussed
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mnecaise wrote:Well, if you want them to stop playing the radio station... The legal solution:
It is essentially illegal to play a radio in a business setting, especially if they're retransmitting the station across a PA system, even more so if it's in a public area where you have customers in the business. The broadcast is a performance and rebroadcasting that performance without the permission of the station can get the business owners in some trouble. They have to pay royalties and license fees to do so. You know that disclaimer on movies shown in the first few minutes of the opening credits, where it says, this movie is released for private viewing only, it is not to be used in public exhibitions? Same thing.
So, that's one way to get them to stop playing that station. Either bring the legal issues to their attention; or, quietly let the station know the business is re-broadcasting their channel in a public setting.
Vrock wrote:That's the biggest bunch of hogwash I've read in a while.
just brew it! wrote:So, I'd say that's extremely rare. Otherwise every sports bar in America would be out of business. I've even heard legal opinion (on NPR, of all places) supporting this practice. So long as the sole draw of the business/advertisement isn't to listen to the music or "see the big game", then they're good.Vrock wrote:That's the biggest bunch of hogwash I've read in a while.
I totally agree that the rules are hogwash. But people have indeed been hauled into court and/or fined for playing music in a "public" area without proper licensing. There was a local restaurant here that got into trouble a few years ago over this...
Vrock wrote:So, I'd say that's extremely rare. Otherwise every sports bar in America would be out of business. I've even heard legal opinion (on NPR, of all places) supporting this practice. So long as the sole draw of the business/advertisement isn't to listen to the music or "see the big game", then they're good.
mnecaise wrote:Well, if you want them to stop playing the radio station... The legal solution:
It is essentially illegal to play a radio in a business setting, especially if they're retransmitting the station across a PA system, even more so if it's in a public area where you have customers in the business. The broadcast is a performance and rebroadcasting that performance without the permission of the station can get the business owners in some trouble. They have to pay royalties and license fees to do so. You know that disclaimer on movies shown in the first few minutes of the opening credits, where it says, this movie is released for private viewing only, it is not to be used in public exhibitions? Same thing.
So, that's one way to get them to stop playing that station. Either bring the legal issues to their attention; or, quietly let the station know the business is re-broadcasting their channel in a public setting.
BMI wrote:Q: Aren't TV, Cable, And Radio Stations Already Licensed with BMI?
They are, however, those agreements do not authorize the performance of such TV, cable, and radio to the public by businesses and other organizations.
Public performances of radio and TV are specifically addressed in Title 17, Section 110(5)(B) of the U.S. copyright law which states that any food service or drinking establishment that is 3750 square feet or larger, or any other establishment, other than a food service or drinking establishment, that is 2000 square feet or larger, must secure public performance rights for TVs or radios if any of the following conditions apply:
• For TV, if the business is using:
more than four TVs; or
more than one TV in any one room; or
if any of the TVs used has a diagonal screen size greater than 55 inches; or
if any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or
if there is any cover charge.
• For radio, if the business is using:
more than six loudspeakers; or
more than four loudspeakers in any one room or adjoining outdoor space; or
if there is any cover charge; or
music on hold.
just brew it! wrote:So it would appear that as long as the radio in question is not connected to more than four speakers, or the business occupies less than 2000 square feet in area, they are not in violation of the radio station's performance license.