Digital music devices and music licensing.

With the prevalence of digital music devices such as Apple iPods, many clubs have been approached by members who want to utilize these devices at private functions instead of live music or disc jockeys. How does this performance medium intersect with music licensing? Public performances of music in a club, regardless of the source, makes your facility subject to compliance with federal copyright laws.

According to Tom Annastas, BMI vice president, general licensing, "Playing music from iPods in a business or other public places requires the permission of the songwriters, regardless of who owns the playback device. From a copyright perspective, playing music and video from a pocket digital player is no different from using other playback technology. Regardless of who owns the player or the contents of the device, when it is played for a group other than a family and its social acquaintances, it becomes a public performance. Such a performance requires a BMI license for the works owned by BMI songwriters. Business owners who are licensed by BMI to play recorded, copyrighted music will face no additional cost with the use of iPods or other digital devices."

CMAA members are eligible for discounts with two of the three music licensing organizations. BMI offers a benefit program to CMAA members that provides substantial discounts on music licensing costs. A 10 percent membership discount, when coupled with a 10 percent timely payment discount included in the license, will allow clubs to save 20 percent on the cost of their BMI music licenses. CMAA has also negotiated on behalf of its members that clubs managed by CMAA members in good standing will receive a 15 percent discount off license fees for an individual SESAC Performance License.

For additional information on music licensing, including contact information for the three music licensing organizations, please visit www.cmaa.org/ legislat/musicl.asp.