# I need licensing/rights costs of playing commercially recorded pop music to live audiences

**URL:** <https://boards.straightdope.com/t/i-need-licensing-rights-costs-of-playing-commercially-recorded-pop-music-to-live-audiences/667524>\
**Category:** Factual Questions\
**Created:** [August 29, 2013, 8:02pm UTC](https://boards.straightdope.com/t/i-need-licensing-rights-costs-of-playing-commercially-recorded-pop-music-to-live-audiences/667524 "2013-08-29T20:02:24Z")\
**Posts on this page:** 4\
**Page:** 2

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**Author:** ![Capt\_Kirk](https://avatars.discourse-cdn.com/v4/letter/c/779978/32.png) [@Capt\_Kirk](https://boards.straightdope.com/u/Capt_Kirk)\
**Post date:** [September 4, 2013, 10:38pm UTC](https://boards.straightdope.com/t/i-need-licensing-rights-costs-of-playing-commercially-recorded-pop-music-to-live-audiences/667524/21 "2013-09-04T22:38:21Z")

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ASCAP and BMI use very complicated formulas to divvy up revenues to the holders of the rights. Radio play(both internet and regular), Music purchases (physical and otherwise), TV and Film use and a bunch of other stuff are all complied together and each Rights Owner gets a share. Then it gets divided up in a manner similar to Pirate Treasure, a bigger share to the bigger players and a smaller share to the smaller players. I know a writer who wrote one song for George Strait, his quarterly checks were in the high six figures and a guy who gets a quarterly check of about $90 for two or three albums that did ok (less than 100k units each). That may sound like the formula is totally off but in the big picture it seems about right to me.

Back to the OP, it does seem that your agency is having to pay because you are a “Public” entity but I am wondering if you are paying because you asked for a quote. IANAE in Fair Use but on the surface it would seem to apply in your case.

**Capt**

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**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\
**Post date:** [September 4, 2013, 10:40pm UTC](https://boards.straightdope.com/t/i-need-licensing-rights-costs-of-playing-commercially-recorded-pop-music-to-live-audiences/667524/22 "2013-09-04T22:40:48Z")

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Do all of your coworkers even \*want \*to hear your music at lunchtime? Personally I’d rather eat and contemplate the universe in deadly silence (or at least carry on a conversation with my neighbor without having to fight to be heard).

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**Author:** ![runningdude](https://avatars.discourse-cdn.com/v4/letter/r/e9c0ed/32.png) [@runningdude](https://boards.straightdope.com/u/runningdude)\
**Post date:** [September 5, 2013, 1:53am UTC](https://boards.straightdope.com/t/i-need-licensing-rights-costs-of-playing-commercially-recorded-pop-music-to-live-audiences/667524/23 "2013-09-05T01:53:34Z")

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> [@gnoitall](#):
>
> I guess [ASCAP](http://www.ascap.com/licensing/licensingfaq.aspx#general) would be the right answer:(I added _emphasis_ on the portion that seems relevant.)
> 
> Problem is, the [list of ASCAP license types](http://www.ascap.com/licensing/licensefinder) (by venue type) doesn’t say anything about “state government employee picnic”. :smack:
> 
> Maybe [Blanket Business license](http://www.ascap.com/licensing/types/music-in-business-blanket.aspx)… just because it’s blanket.
> 
> I dunno.

Possibly the “Conventions/meetings…” category would be appropriate, or the “Special Events” category. Filling out the form, and the ASCAP could give you a quote based on the description of the event you give them.

(“Blanket” according to the FAQ seems to involve an annual fee, which would probably be excessive for a one time event).

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [September 10, 2013, 7:51pm UTC](https://boards.straightdope.com/t/i-need-licensing-rights-costs-of-playing-commercially-recorded-pop-music-to-live-audiences/667524/24 "2013-09-10T19:51:55Z")

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> [@BwanaBob](#):
>
> Why is your “company lunchtime” considered a public event? Presumably the general public cannot wander over to your company grounds at lunchtime and join in. Isn’t your situation as private as a wedding?

> [@digs](#):
>
> What happens if you get a coworker to request that you play the music? Then it’s a private matter like the wedding example.
> 
> In fact, I’d say it’s exactly like the wedding example even without jumping through any hoops. Just cc the Powers That Be the relevant line from ASCAP’s email.

I got an answer to this question from the ASCAP rep. According to her, in US copyright law, a “workplace” is defined as a public place. It’s as simple as that according to her. I don’t know if I buy it.

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