word is "Big Brother" is actively and aggressively phoning
businesses in search of illegal practice of playing non-licensed music
On-Hold. At Powers Productions we use only fully, legally licensed
music that will save you over having to license "commerical"
music on your own.
While we are not judging you, as a courtesy we do want to inform you
about the myth that it's ok to play CDs from home and local Radio
Stations for your clients while holding without further licensing.
Should you be contacted by ASCAP, BMI, or
SESAC, call Powers Productions immediately at 702.868.7676.
We can help solve further problems for you right away. Note that
Powers Productions utilizes music properly and legally licensed in
our On Hold productions as well as any of our radio, TV, industrial
and corporate productions, through the publisher and, ASCAP and BMI.
You will not have to pay further music license fees when using
our audio production services.
We've included these Iinks for you to check out your responsibility
to license music on your own and to learn more about current copyright
laws, hopefully saving you from paying a stiff fine and dealing with
a cease & desist order. Click any of the links below to read the
complete article and statement.
Business Bureau - "Music
in the Marketplace -
Why Businesses 'PAY TO PLAY' "
"Many businesses are often surprised and skeptical when representatives
of performing rights licensing organizations inform them that they
need to "pay to play."
"...offices and stores that use music on hold for
"WHAT HAPPENS IF I DONT GET A LICENSE?
The cost of performing copyrighted musical works without a license
can be far greater than the cost of the license. Failure to obtain
a license to perform publicly copyrighted music is copyright infringement
under the copyright law. The copyright infringer is subject to a
civil suit in federal court. Sanctions against an infringer can
include an injunction and the copyright owners actual damages,
as well as the infringers profits, or statutory damages
of up to $30,000 for each copyrighted
song performed without a license (up to $150,000
if the infringement is willful). The infringer can also be required
to pay the copyright owners legal fees. The law further provides
for criminal sanctions against those who willfully infringe on a
copyright for commercial advantage or private gain."
- (look for) "What
(note: launches a safe PDF file - you may need to give your browser
permission to launch)
"Music on hold makes the time you are on hold pass more quickly
"Those are all public performances. Business owners recognize
that because music so strongly affects people, it can also help make
their business successful. And, like other products, music is not
Using Music on Hold"
Songwriters, composers, and music publishers have the exclusive right
of public performance of their musical works under the U.S. copyright
law. Therefore, any public performance requires permission from the
copyright owner - or BMI - if it is BMI-affiliated music. With a BMI
Music Performance Agreement, you can publicly perform all BMI-affiliated
"...the music best suited to help your music-on-hold create a
winning atmosphere for your business..."