OT: community access question

Chris H wrote on 1/9/2005, 10:07 PM
I'll start by stating that I already know that this is not the place to get legal advice. Having said that, I am asking what kind of permission one needs to show a school or church program on a community access channel.

In my internet search on this subject I found this text taken from the Sacramento Community Access channel:

http://www.ci.west-sacramento.ca.us/community/cable/rules.cfm

7.2 The City of West Sacramento understands that the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI) are negotiating nationwide licensing arrangements with the National Cable Television Association (NCTA) for performances of their members' musical compositions on local originations by cable television systems. Due to the fact that Charter Communications is a member of the NCTA, and that ASCAP and BMI are not enforcing their members' rights with respect to such performances during the period of these negotiations, the following procedures will be undertaken until the city of West Sacramento informs users of any changes in the above situation.

7.3 All users may include music licensed by ASCAP or BMI in n their programs without previously making special arrangements with ASCAP or BMI.

7.4 Appropriate acknowledgement should be given in the credits to the musical compositions licensed by ASCAP or BMI which are included in the users' programs.

Many schools have a a/v department that tapes school concerts (along with sporting events) and shows them on the local community access channel. In our area, the local access channel plays a radio station behind the local announcements. I'm assuming (perhaps wrongly) that they have the BMI or ASCAP license mentioned above. Would that same license cover the showing of a concert?

Thanks for your help.

Chris

Comments

FrigidNDEditing wrote on 1/9/2005, 10:21 PM
My guess is probably not. As far as I know, they're a LOT, A LOT, of money.

When I produced a local show to be aired on community access by the local Fire Dept. I had to use a clip of one of the stations logos. I spoke to the station manager and asked him if there was a permission needed, he paused for a moment, asked me if I was going to air it on any other stations, I said that it is only supposed to be aired on Community acess, and he said, "just go ahead and use the logo then." - I'm under the impression that they don't care too much about community access.

Just my experiences, and by no means a suggestion to you to show anything copyrighted on any of your work.

Dave
Spot|DSE wrote on 1/9/2005, 10:24 PM
I'd be talking to a lawyer that knows IP law and knows it with experience, not books. This is the first I've ever heard of ASCAP suspending member rights enforcement for any reason. I read the rules from Sacramento, but it seems more confusing than clear.

Schools have a different set of rules than do churches. If it's a school, and it's a school function, and it's a one time broadcast, it's likely covered by a mix of various stipulations to the laws. I don't know enough about churches, other than they seem to be monitored very closely in the larger markets.
Community access also enjoys special stipulation and reduced stringency to the laws, but I don't know too much about that, either. I've mailed my ASCAP rep to see what she has to say, but since it's a weekend...I'll post what she responds with if it has any value.
In the meantime, you might want to read;
http://www.ascap.com/licensing/pdfs/IMLAbrochure.pdf
FrigidNDEditing wrote on 1/9/2005, 11:28 PM
Churches have CCLI for a lot of stuff, but I don't know where it's strict limitations end.
Chris H wrote on 1/10/2005, 5:57 AM
Spot and Dave,

Thanks for your replies. I guess I can be more specific. The video I'd like to show on the local community access channel is a 25 minute concert of members of our church performing 5 songs. I"m not dubbing a CD to any kind of footage that I shot. (I think that would involve a synch license.)

Chris
filmy wrote on 1/10/2005, 10:26 AM
I made a post specific to this question a while back. Someone else posted something very close. Aside from that if this is the same outfit that it used to be than the guy who runs (ran) Access Sacremento is a real ***hole so good luck with the whole thing.

Briefly, overall, PEG has always been slighty under/outside what broadcast outfits require. Yes there is for sure a fine line, and some other "public" outfits target PEG - C-Span for example. Anything they air can be used for re-broadcast as long as fees are paid or if it is a classroom setting, but they are very specific that none of their material may *ever* be aired on any PEG station. no matter what. Go figure.

Music wise - see my post, and the thread, on the topic: Music Rights . The original question asked was I want to produce twelve music videos to air on the local Government Access Channel where I work...a different video for each month.
cervama wrote on 1/10/2005, 11:25 AM
I do voluntary work for the LV3TV community access channel for Adelphia. I asked that question and was given the advice that if you are doing a church program whic we do in the church if they have the rights to the music they are entiled to use it on community channels, if they don't, they don't use it.

Also if they choir is singing and it's there music it becomes property of the church.

I know the community channel I do work for, if it's aired on the channel, they have about 500 hundred tracks they can use. As long as it is for their channel.

I hope this makes sense.


MAC
FrigidNDEditing wrote on 1/10/2005, 12:48 PM
5K for the limited use of a song? I'm sorry but that seems like big companies being kinda jerky. NOT TRYING TO START A BIG COPY RIGHT THREAD, I'M SURE THERE ARE ENOUGH OF THOSE ON HERE.

Some things just seem absurd to me. Oh well, nothing that you can do about it.

Dave