[asterisk-users] NIN Ghosts music (free download) safe for MOH?

Jay R. Ashworth jra at baylink.com
Thu Mar 13 11:09:40 CDT 2008


On Mon, Mar 10, 2008 at 02:59:04AM -0500, John Faubion wrote:
> > But, just to clarify, please remember that using music as MoH 
> > is considered a "public performance", and if the pieces in 
> > question do not include a buyout license *for the performance 
> 
> Ok now I am curious, if a radio is playing in a store, a restaurant or at
> the beach, wouldn't that be considered a public performance? And even though
> the radio station has already paid the license fee, does this mean that the
> person who owns the radio is also subject to these fees? I know of several
> key systems with FM radio cards providing MoH and I've often wondered about
> the ramifications of that setup and the music industry. 

It does, in fact, mean that in the US, and lots of people are unhappy
with the double-dip this implies.

ASCAP and BMI both have small-store exceptions, which largely (though
not strictly) amount to "if you don't have speaker wires inside walls,
you're ok".

Cheers,
-- jra
-- 
Jay R. Ashworth                   Baylink                      jra at baylink.com
Designer                     The Things I Think                       RFC 2100
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