2010-05-05 P & R Agenda Packet - Laserfiche WebLink

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While I can't say that I agree with the ASCAP fees....I can also say that I have never talked to a city attorney that was able to advise me not to pay the fee....ASCAP seems to have a very broad autharity to protect the rights of musicians and composers. As I understand it you need to pay the fee for music on hold, concerts in the park, public skating sessions at an ice arena, etc...I would assume your example also is covered under ASCAP, City of X was also recently approached by this same group (ASCAP) and after further evaluation of what their license agreement covered and the types of events at which Hastings provides music (both live and via loud speakers) we decided against purchasing such a license from ASCAP. In our situation we do not have a performing arts center but we do ailow "Concerts in the Pazk" on our City Hall front lawn. We learned through ASCAP that the organization putting on the performance is the party responsible to have the license to perform the music. Since X only provides the space and the X Concert Association is the one actually hosting the event we were not responsible for it. Same went for X days which hold a parade each summer, the city is not the sponsor. The one area in which it came into questions was at our civic arena and our swimming pool. We do not play music over the speakers so we were ok with not having the license. If at some point we decided to start playing music then we would need to consider it. The question also came up as to who is enforcing this? If we do not have the license and did inadvertently violate the copyright laws who is going to "catch us" (for lack of a better term) and what I is the penalty? After doing our home work and checking around, we felt we would pass at this time. We went through this last year I think. I thought that it was a shakedown. But our attorney helped us with a lot of research and I think that in the end we signed a license. Hi Steve! I don't know if it's a similar situation to yours, but when I was in X, the EDA (staffed at city hall) annually paid the ASCAP license fee for the Music Festival they sponsored every year. No help but it sounds to me like they are trying to handcuff you. This music licensing biz is getting to be extraordinarily combative. Steve — I got threatening phone calls from ASCAP starting this past summer and I told them basically to buzz off They fmally sent a letter with some better information that I referred to Kennedy & Graven. K& G say it's for real and we should do it — makes me cranky, I think it's a scam. But I'm not an attorney and don't play one on tv. We have the licensing for the Community Center, the liquor stores, and for the Heritage Center. ICMA sent something out a few years ago. Anyway, the research indicated we did indeed need the license. Steven, the City Manager asked me to respond to your inquiry. ASCAP began contacting the City of Fridley early last year. They are very persistent and will not be ignored. They research websites looking for a few key words such as DJs, dance and music I believe our Parks and Recreation Director, X, is now paying the license fee