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cases" have held the cities are liable if the performer fails to obtain the appropriate waivers (she might be correct); she did however admit that the performer is also liable. Therefore, it seems to me to become more of a business risk issue whether we want to "insure" for the circumstance, notwithstanding the artist's responsibility being established with some sort of contract clause, where the performer fails to obtain the waivers (I could find no monetary penalties given, but I suspect a violation might run into the thousands of dollars). If we did budget for the licenses, I suppose we could reduce fees paid to performers to offset the cost, although I don't think this would be an attractive option to the Fine Arts Commission. I thought I'd share this information before I dig deeper into the issue. The cost is not that great. On the � other hand, we can also just decline to license and leave it to the performer to be valid. There might be some political/social considerations with that decision, however, as we might look like a city not willing to pay copyright holders their "due." If you want, I can work with about putting in contract language. It would read something like: "Artist is responsible for procuring the necessary waivers or licenses from the copyright holder to perform the material in this concert. Artist agrees to indemnify and defend the City in any action that may arise as of the result of the failure to obtain any such license or waiver." Let me know what direction you tliink would be appropriate and I can prepare something more formal for CA andlor Council. CM Memo: INTRODUCTION The American Society of Composers, Authors, and Publishers (ASCAP) has proposed we purchase an annuallicense (2005 rate: $537) to allow us to play ASCAP music or solicit performance of musicians on City property. I have discussed the issue with X, who believes it would be appropriate to purchase the license. DISCUSSION I have performed an inventory of our activities in this area and, after discussing the issue with an ASCAP representa.tive, I have deternuned that only one activity, that of the City hiring performers through the Senior Center or Fine Arts Commission, could be subject to the licensing requirement. The Fine Arts Commission budget is in the neighborhood of $12,000 annually; I do not know how much the Senior Center has budgeted for these activities, but I suspect it is less. � BMI has a similar license and fee to cover its members, but they have not yet approached us. If we were to obtain a license from both entities, virtually all performances would be covered. The annual license amounts would evidently be subject to a CPI adjustment. A number of cities in the metro area, including Minneapolis, St. Paul, Apple Valley, St. Louis Park, Medina, Maple Grove, Plymouth, and Roseville, ha.ve procured the ASCAP license. The license has been drafted with the help of the International Municipal Lawyers Association.