AMTA email about playing music in your massage room

[ldyblucpl]

Did you see today's email from AMTA about playing music during massage? All I could say was "WTF".

My second thought was how are they going to enforce it?
The other issue is coding of your massage business for credit card processing. if you don't have this email from AMTA, I got the rest of it, I can PM it to you.


Important Articles Coming your Way in Hands On

AMTA has information on two significant business issues that could affect your massage practice. AMTA is unable to provide legal counsel in these matters, but we want you to be aware of these issues to protect your practice. Read more in upcoming issues of Hands On.


How Playing Music May Cost You

An AMTA member was recently advised by the American Society of Composers, Artists and Performers (ASCAP) that he would need to pay an annual fee of nearly $1,000 to continue playing recorded music through his office and massage room speakers.

According to the rules of licensing services like ASCAP, playing recorded music in a massage room requires permission (a license) and a fee, because the music is part of the atmosphere for a business transaction—the massage.

This is a complicated legal issue. AMTA encourages you to visit the websites of the major performance rights/licensing organizations for details on obtaining permission to use music in your practice:

American Society of Composers, Artists and Performers, http://www.ascap.com
Broadcast Music Incorporated, http://www.bmi.com
Society of European Seforum.xxxe Authors and Composers, http://www.sesac.com

Find out more in the Sep/Oct issue of Hands On, http://www.amtamassage.org/member/handsonindex.html.

 

[Judas Jones II]

wow. that is ... insane.

 

[Kass86]

Unfotunately, this isn't new. The ASCAP has been pursuing small businesses in this manner for quite some time.

Several years ago they tried to get $1,000+ out of a local gym owner who was playing CD's in her aerobics classes as well as in the gym when folks were working out. She had a very limited group of CD's that she played as her niche was a Christian gym and she played only Christian music. Much of which she picked up personally from seminars and privately held concerts.

We looked up on the website to see if any of the artists she used were listed and couldn't find any. The last phone call she rec'd she basically told them they would have to prove she was using the artists that they represented. As far as I know that was the last she heard from them.

It scared her to death with multiple threats and phone calls but eventually they stopped harassing her. To me, the whole thing reeked of scam.

 

[Tyagi G]

http://ozro.us/2006/10/07/retail-stores-and-business-use-of-music.aspx

Read through this link.

 

[Mandie]

Massage is in the main stream now. Doctors and Dentists subscribe to music broadcasts for this very reason. Maybe its time for MT's to go this route also.

Another option is to get your music from places like Sounds of the Planet. The want you to play their music in your treatment rooms so clients will want to purchase a CD from you.

 

[brendan y.]

Several years ago, we pastored a very small "home church". We're talking 6-10 people, max, including us (not including our kids)! WE got a similar letter in the mail, referring to worship music. Yeah, like such a tiny church could afford $1000+/year for that, LOL!

 

[crissysmith4u]

How funny. My sound guy and I talked about this a while back... frankly, I think it's ridiculous. I love the tack above: "prove it".

 

[LadyMady]

as the wife of a musician, i understand ascap, bmi & sesac - not to mention, that this is the law. they are protecting the talent and product of their musicians. just like we would protect our employees.

 

[reme_1]

as the wife of a musician, i understand ascap, bmi & sesac - not to mention, that this is the law. they are protecting the talent and product of their musicians. just like we would protect our employees.

ditto... I am the wife of an audio engineer who's done everything from producing to recording to mixing and mastering, etc. We have actually had many talks about what we are going to do regarding this issue when I go into private practice. Either pay the lincensing OR he's going to create the music for me. He was a musician first before becoming the audio techno geek behind the scenes.

 

[Dawg Man]

There is plenty of public domain music, for those of us who cannot afford the $1000 fee to play protected music!

 

[Pompal 09.]

http://ozro.us/2006/10/07/retail-stores-and-business-use-of-music.aspx

Read through this link.

I believe I remember that the information on this page indicates that there is an exemption for those small enough to use "boomboxes" (portable players). Am I correct? In this case, we and many here would fall into the "does not apply" category, I believe.

 

[Naturechick18]

We have a friend/client who is a musician/music.voice teacher. I would like to bring this to her attention and get her take on it. I can TOTALLY understand the viewpoint of those who actually do the work of making the music and producing the recordings. I also understand the point of those who could not afford that $1000/year or whatever.

Might turn out very interesting- dh and I have often mused about making our own music. Maybe this will be the catalyst for it!

 

[Breanna]

Rocky Mountain and making a change, thanks for giving us your prospective. I understand the idea of an artist trying to make a living by writing music.
(deleted)

 

[Tony I]

I agree with Anastasia. I am glad the musician's camp has brought their perspective to the table, but I disagree. Not only have I already paid for the CD, but the musician is basically getting free exposure to people that perhaps would not normally be exposed. Many of my clients say "Who does this music?" and love it so much they go and buy one themselves.

 

[Andrew K]

I agree with Anastasia. I am glad the musician's camp has brought their perspective to the table, but I disagree. Not only have I already paid for the CD, but the musician is basically getting free exposure to people that perhaps would not normally be exposed. Many of my clients say "Who does this music?" and love it so much they go and buy one themselves.

Ditto. I had a few people ask me to write down the name of the CD I was playing and they went and bought it.

 

[I Love Funnyjunk.com]

I feel that as long as I am not copying the CD for profit or playing it for profit and the CD is not THE MAIN ATTRACTION, I should be able to use the CD as I see fit.

You may feel that way, but the law states differently. It's not for you to decide.

If music is incidental to your work, then you can do without it.

Or you can buy your music from At Peace Media or one of the other massage-focused producers who permit this kind of use.

 

[Pepsi C]

Another option is to get your music from places like Sounds of the Planet. The want you to play their music in your treatment rooms so clients will want to purchase a CD from you.

Are you talking about Soundings of the Planet? Dean and Dudley (the founders and main artists of Soundings) are listed as BMI artists.

 

[mrmanmduran]

I feel that as long as I am not copying the CD for profit or playing it for profit and the CD is not THE MAIN ATTRACTION, I should be able to use the CD as I see fit.

The musicians' association needs to distiguish between different situations and not just try to charge EVERYBODY the same fee which in my opinion is ridiculously high.

Hey, I don't feel like paying a big high fee either (who does?), but if we use their product that they have taken the trouble to protect use rights of, we might be liable for paying them for that use.

BMI does have different rates they charge depending on size and type of business, and frequency of title play in some cases. I didn't check into ASCAP.

 

[Shafiq]

I think I am going to go ahead and delete my posts about this - ASCAP may be reading this message board. I don't really want them to come after me.

 

[AceOfJambos]

Well, does this mean that independent artists (musicians with their own private label) will be the way to go? :