[Dixielandjazz] The Day the Music Died.-BMI style. Death to the Museums

[Lowell Busching]

Of possible interest only to US members. Delete now if otherwise.


My apology for stealing the title or line from a song (NOT OKOM) I 
believe was written in honor of Buddy Holly.  Bob Ringwald has told me 
that this discussion or similar ones on BMI have already occurred on the 
DJML and that I could check the archives. I would rather get some up to 
date information on this subject from anyone on the DJML that has first 
hand knowledge of the workings of BMI and their practices. Private email 
is welcome.

I have been asked by our young. local county museum director, who is a 
fan of OKOM, and particularly of the 1920's music himself, to find out 
any information on the current practices of BMI to "suddenly" dump on 
large and small museums for the use of music in the museums regardless 
of size or nonprofit status. This one is run on a shoestring and the 
string is getting ever shorter.

He and the other members of the board have been getting several letters 
and phone calls from BMI concerning the payment of fees (A minimum of 
$314 a year for this small town museum) for the playing of ANY music in 
the museum covered by BMI, whether live music by amateur musicians or 
recordings of any kind, even if played along with a display as ambient 
music!  Even during nonprofit, free to the public events.

If successful in these collections, or threats of legal action and shut 
downs, will ASCAP and SESAC be far behind?  The only possible "loop 
hole" found by the American Association of Museums, and of course not 
presented as such by them for legal reasons, seems to be where nonprofit 
performances which allows direct public performances without any purpose 
of direct or indirect commercial advantage and without any payment of 
any fee or compensation to any event performers, promoters, or 
organizers if either (1 )there is no direct or indirect admission charge 
OR (2) all proceeds are used exclusively for the museum's educational or 
charitable purposes AND the copyright holder has not served a valid 
notice that it objects to the performance.

One problem with that. In phone conversations with a BMI representative, 
the director of our museum was advised that since BMI represents the 
songwriters etc. that they are making a blanket objection to any such 
performances, and thus expect the fees to be paid even for those 
performances!  So much for MR. Nice Guys.

As for the payment part, our museum director was asked if there was a 
donation collection place near the front door? Already being on BMI's 
RADAR, as he called it, it would have been pointless to deny that. BMI 
considers this to be the indirect payment source even though few 
attending donate at that time. And there are FEW attendees indeed.

Paying legal fees to try and fight these strong arm tactics is not cost 
effective  for struggling museums. I think everyone knows BMI is 
counting on that fact.  It is now death, taxes, and BMI!

Since much of the music played in this particular museum was OKOM, due 
to the interests of the director, he needs more guidelines on what it 
takes for such music to be out of copy write and in the public domain?

What he has heard about the number of years or conditions seems so far 
out that I will not repeat it here, but perhaps members of the DJML 
could supply the correct information? Or a concise source for finding 
what music can be played without fees? I.E. years to public domain from 
publication or death of the author etc.  Baring continued copy write by 
the families of course.

Even many of the museums piano rolls now seem under the BMI gun.
Not to mention the juke box, full of OKOM. Is there any recourse but to 
pay?  A total shutdown of all music in the museum is eminent.

Thanks for your indulgence. My apology also to those overseas from the 
US  to whom this subject is probably of less interest then to those here 
in the colonies. Paid for LEGAL advice is out of the question.

Mad Dog (Supporter of the local museum, perhaps needless to say.)