broadcasting/playing music in a restaurant

[JAYNE GOMEZ]

What is the name of your state? nevada
my husband and i own a restaurant and our stereo is hooked up so that the public can hear the radio or our cd's. do we need a license to do this?

thank you!

 

[racer72]

No.

 

[JAYNE GOMEZ]

broadcasting music in a restaurant

i appreciate your responding, and it makes sense, however: i need some kind of legal verification. there are these guys that come in our restaurant (from a company that provides listening music) and they say we are obligated to buy this type of service and that we are not supposed to play our own cd's. i've looked on the internet for some reference to laws on this matter and i can't find anything. any suggestions?

thanks for the help!

 

[racer72]

Unless you are charging the patrons to listen to the music, tell those guys to pack sand, it is legal under the Fair Doctrine of the federal Copyright law. They are trying to force you into buy their service.

 

[HomeGuru]

I respectfully disagree with the response made by racer72 with respect to the playing of CD's.

 

[racer72]

My sister manages a small restaurant/bar and she has a stereo system that holds 75 CD's. The owner was concerned of possible copyright violations. Many of the customers to the establishment are lawyers and my sister asked there take on the copyright issues. She was told that as long as the playing of the CD's was for ambience and she did not charge admission to listen, it was legal. I guess it would be how one would define a "public performance" which is specifically banned under CD copyright laws.

 

[JAYNE GOMEZ]

RESTAURANT MUSIC

thank you for all your help..............my husband read your first response about "pounding sand" and he liked that advice.....although when those guys first alerted him to his "illegal practice" his words were not as kind. i believe it was more like F/Off.

thanks!!!!

 

[ChicagoLawyer]

from the ASCAP site:

ASCAP LICENSING OF BUSINESSES

I'm interested in playing music in my restaurant or other business. I know that I need permission for live performances. Do I need permission if I am using only CD's, records, tapes, radio or TV?
Yes, you will need permission to play records or tapes in your establishment. Permission for radio and television transmissions in your business is not needed if the performance is by means of public communication of TV or radio transmissions by eating, drinking, retail or certain other establishments of a certain size which use a limited number of speakers or TVs, and if the reception is not further transmitted (for example, from one room to another) from the place in which it is received, and there is no admission charge. Your local ASCAP licensing manager can discuss your needs and advise how ASCAP can help you.

Contact ASCAP
A representative will get in touch with you


So, both Racer and HomeGuru are correct. It would totally depend on the facts of your situation.