I agree with Chienworks. Check with the station and the actual head end owner (ie - Time Warner, Comcast, Adelphia, etc) - For example here is the part of a standard BMI agreeement with cable/PEG:

Your BMI license covers BMI music that is locally inserted in programming carried on your system, including :

Thanks for the replies...

After contacting Comcast, who is our local cable provider, I found that they have an existing music license, but apparently our PEG Channel isn't included in the coverage.
This means our channel will have to obtain permission to use copyrighted music. On the positive side, I found that we can use their music channels as background music for our video bulletin boards.

So I am back to my original question:

Which way is better/easier/faster/cheaper to get permission for using copyrighted music?:

Buying a blanket coverage with ASCAP/BMI;
or buying rights to individual selections on an as-needed basis?

John

> I want to produce twelve music videos

I’m not a lawyer, but it strikes me that this is not just background music for a cable show. If you are producing a music video you are synching the music to specific images which requires a sync license that is not covered by BMI/ASCAP, etc. There is no blanket coverage because you are making a derivative work and each use must be assessed for its use. You must negotiate synch licenses with the music publisher and there is no easy way to do this. Especially when some songs are owned by several publishers so you must get multiple publishers to agree to grant you those rights. If you are lucky enough to get each to say yes, then you must pay each of them their fee.

I would contact a copyright lawyer if I were you just to be safe unless someone here knows for a fact that music videos don't require a synch license.

~jr

Sounds like Comcast might be overlooking something - you said this:
After contacting Comcast, who is our local cable provider, I found that they have an existing music license, but apparently our PEG Channel isn't included in the coverage.

But than you said they told you: On the positive side, I found that we can use their music channels as background music for our video bulletin boards.

I know this sort of thing comes up on the ACM list, about use of music on the CBB's, because many just tune to the local NPR station and use that. However many use the local classical station, or the college station or even the top 40 station. But what I am saying is that if Comcast told you that you can use their cable music stations on the PEG station than they *are* covered. It is not logical for them to say their agreement does not cover PEG use but than turn around and say, basicly, "but go ahead and rebroadcast anything we broadcast because it is covered." PEG use is PEG use no matter how you slice it.

If they have the basic cable agreement with BMI than PEG use is covered, Comcast would be wrong in what they told you. It sounds fishy what they told you already.

If you want to be double sure contact BMI and tell them what you want to do. Also tell them who the local franchise owner is and their info - in this case Comcast. They can also check to see if their agreement is current and up to date. beyond that if you want to go to another source go to Bug Music. You can use the online request at http://www.bugmusic.com/frontdoor/licensing.cfm or give them a call at (212) 643-0925 and speak with Karen.

You can also try BZ/Rights & Permissions, Inc either via their website or call 'em at (212) 924-3000.

And you could also post this same question directly to the ACM list. Send a blank email to subscribe [AT] lists [DOT] alliancecm [DOT] org

Hypothetical:
Let's say I wanted to make a video of a wedding or a kids baseball game and wanted throw a coldplay track behind it. As long as I am not collecting money from my work, I should be ok, right?!?!

Johnny Roy & Filmy,

Thanks for the responses.

Here's how I'm understanding Comcast's explanation of its music license:
I can use their music channels under my video bulletin boards without a problem...they have a license that covers that aspect.

However, as Johnny Roy mentioned, if I want to synch with video, I need additional permission from the publishers...BMI doesn't provide that coverage.

I'm learning as I go...
Contacting a copyright lawyer might be the best step.

John

Skanji,
Legally, no, you are not alright, you are breaking the law and can be sued.

That said:

A. Noone would probably ever know because if it's for private use noone else would ever see it.
B. What they could sue you for is probably somewhat limited because you have very little financial gain from it. Still, it would depend on the judge, and the legal costs alone might make it prohibitive.

Whatever you decide, don't go posting about it on Sony's forums, though! :)

-Jayson

what are you doing for for comcast (just curious)?

I manage the local Government Access Channel for the metropolis of Smyrna, TN (pop. 30,000). We are the local franchising authority (LFA) for cable service for our citizens. We recently signed a fifteen year contract renewal that allows Comcast to provide cable service for our area.
And Comcast is providing two PEG Channels for us to use.
P=Public
E=Education
G=Government
Our first channel will be the government variety...council meetings, police & fire department programs & video bulletin boards.
We are scheduled to launch in January 2005.

Maybe that's more information than you were looking for...

John

Skanji

No. Search this site for music licencing, royalty free music, and copyrights. Spot has an excellent article at http://www.sundancemediagroup.com/articles/copyright.htm

No. That's pretty cool. :) I was just curious!

I thought I'd post a follow-up to my music rights scenerio...

Here are the responses I received after contacting the three publishers of a song I want to use for our Government Access Channel:

1. EMI: Wants $25 for its share (EMI owns 12.5% of this song)
2. Sony: Wants $5,000 for its share (Sony owns 37.5%)
3. BMG: No response yet

Seems like a big discrepancy in usage fees: $5,000 vs $25.
What am I missing?

BTW, the contact at EMI said the figure of $5k sounded extremely high, and that I should follow up with a phone call to Sony. I did, and the Sony rep stuck with their $5,000 amount.

John

Ouch! Did Sony understand that this is for a small community, limited number of viewers?

Actually, the 25$ figure is VERY low.