Picture - String Planet. They are a great concert band to work with and professional for any event or festival. Check them out at www.stringplanet.com! Photo credit - Jeanie Cunningham. The following story DOES NOT relate to String Planet, this is just a plug for these great musicians...
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I had an interesting situation arise the other day involving a non-profit fund raiser. There were plans for music at this event, both live performance and CD sales – by one of the non-profit's members - with CD sales as a part of fund-raising.
I am only marginally involved in project, so it was very late in the game when I finally became aware of the plans for music. I noticed that there were three kinds of music involved with the event - self-composed, public domain and copyrighted music.
I was fairly certain that the musician did not have a performance license and/or recording rights for the copyrighted music, because they are merely a well-meaning member of this organization and a hobbyist musician, not a professional musician. There were several indications that the copyrighted music was not covered legally.
Music gets used a lot in events both as signature moments and background. Music sets the mood and emphasizes a vibe at events. But event planners need to understand that music at events is, legally, considered a public performance of the work. Don't let the word performance throw you- here the word performance can be either live performance or played on transistor radio – it is the aural reception of music.
If it is music in public domain or self-authored, there is no issue. If it is copyrighted music- which most music nowadays is... then you are at risk for lawsuits and fines. The most famous case of this is the “Happy Birthday” song. A quick trip to Google will tell the tale: “The version as we know it was copyrighted in 1935...The company holding the copyright was purchased by Warner Chappell in 1990 for $15 million, with the value of "Happy Birthday" estimated at $5 million...Warner claims that unauthorized public performances of the song are technically illegal unless royalties are paid to them.”
ASCAP and BMI are initiating lawsuits in record numbers. People in the industry must be aware of this, and plan accordingly.
The definition of performing copyrighted music that is at issue includes playing music "any place where people gather," with the exception of small private groups. As long as it's played outside a direct circle of friends and family, it is considered a public performance. Music may be played through radio, television, CD or cassette player, computer, etc. or performed live. Party planners should also be asking their DJs about their performance license - because they absolutely should have one. It can put your organization at risk if they do not.
Back to my little non-profit's saga. Unfortunately, people associated with this fund raiser were not even aware of the potential concern. When it was brought to their attention, they mistakenly thought that the musician should be solely liable in the event that someone reported the infringement. This is not so. In the case of fines – which can be several grand per infringement- they will go after the organization that was planning the event. Whether you agree with this or it makes sense- it does not matter. And it does not matter that it is a fund raiser to help a little itsy-bitsy nonprofit. It would be a public embarrassment. Organizations like this need to be “above the letter of the law” and highly professional in order to keep credibility when they solicit support. Donors expect that.
Event planners need to protect the institutions and individuals that they work for. You should be reasonably aware of liability concerns for your client, because they probably have no idea. ALWAYS ask if the musician or DJ has performance license and/or recording rights for the music that they are presenting or selling. Always advise your client of the letter-of-the-law. If they chose to ignore you, you have given them fair indication of any risks they incur.
If you are a constant provider of musical entertainment, you should know of ASCAP and BMI and if you are an organization that requires a contract.
My suggestion for my little non- profit, which was well received, is that the music performed and sold at this fund raiser be limited to the musician's self-composed music.
Perhaps one of the byproducts of this litigation happy music industry will be that local grassroots musicians will have more opportunities for their original works to be performed as opposed to being begged to perform only covers of popular songs.
I have always loved going to the Farmers' Market in September/early October and seeing the first pumpkins from the pumpkin patch. They remind me that autumn is here and the leaves are changing color, the days are getting cooler and Halloween is around the corner. There are always small gourds, mini pumpkins and squash used as natural decoration around the house during Halloween and I often toast the seeds of the pumpkin we have carved for a little snack, but this year I am going to try a pumpkin cake recipe with the new cake pan I bought. (I couldn't resist picking this up from Williams-Sonoma, so cute!).
Show the world your art!> 
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