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

[Anselm Martin Hoffmeister]

Am Montag, den 10.03.2008, 02:59 -0500 schrieb John Faubion:
> > 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. 

Good morning,

the legal situation probably differs between countries. In Germany, you
are required to register with the GEMA if you intend to play music in
public if the artist is a GEMA customer. If you _only_ play free music,
the law does not require you to register afaik, but in doubt you will
have to prove that you did not play GEMA music (which is ridiculous when
you think about it, but you do not want to fight against that machine).
A party where two guests do not know each other's names may be
considered public, even if only ten or twenty people are there. A class
room, a barber shop, a supermarket or having a barbecue on the beach are
surely public. The fees due will be calculated in regard to the area
where the event takes place, because that limits the _maximum_ audience.
Ain't it nice. (No idea though how exactly the area for music on hold is
calculated - have a look at their tariffs jungle at
http://www.gema.de/musiknutzer/abspielen-auffuehren/tarife-im-ueberblick/ ).

I am not a lawyer, and am still lucky to not have to do with those music
industry guys (and who is the "pirate" here...).

BR
Anselm