AMTA email about playing music in your massage room

[folk]

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

This is what I mostly use, plus stuff that is public domain. I have six or seven cd's from one independent artist who is THRILLED that I use his music - and has my clients going in to buy the cd's, too.

 

[Lisa D]

EXACTLY. That's how I would argue it in court: I can do without the music to make a profit. Even if I did not play any music and used, let's say a sound machine with ocean waves and frogs, I would still be able to run my business as people come in to receive massage services and not for music enjoyment. Interpreting of a particular law is up to the judge deciding the case. Not to say that some laws are written too broadly or are full of loopholes...

Aaaaand you would probably lose. If you can do without the music, why bother playing it then? Their lawyers will argue that you have used the music from day one for practically 100% of your sessions and that makes it necessary. They don't care that you say don't need it when you use it all the time.

I have read a complaint online from a client who's MT didn't play any music. If you think your clients will not miss the music, you have another thing coming. I dare you to turn off your CD player for a week and see how many clients say something to you.

Face it, it they want to make an example of the massage industry, they are going to go after a few little guys and a few big guys to shake everyone up. Ultimatly, the winners will be Sirius, Muzak, and indie labels like Soundings of the Planet. My only complaint about SOTP is that almost all of their CD's sound the same.

 

[Toni Nicholas]

Found this concerning playing music 'in public.'

http://publishing.wsu.edu/copyright/music.html#Public

Now the Music Licensing Act draws the line between private and public in terms of the type of public establishment, the size, and the stereo equipment used. Restaurants and bars under 3,750 square feet or retail establishments under 2,000 square feet are exempt from paying fees for playing radio or TV broadcasts for their customers. Public places of any size that play radio or TV broadcasts are exempt from paying fees if they use no more than six external speakers (not more than four speakers in each room) for playing music. Public places that play CDs or hire live musicians (that play cover songs or copy songs) are still subject to being licensed for fees.

 

[Guedo]

Thanks for the info Peacenut

Sooo, since I use 2 little speakers to play my Ipod in a 250sq foot space, I'm good.

*whew* I was thinking I was going to have to start hiring music students from the nearby university to play during my sessions! ... hey... that's not a bad idea...

 

[Kerri L]

What if we had clients bring in their own music? I know it's not entirely ideal, but if it was the difference between raising my prices $5-$10 per treatment, or having each client have 1-2 CDs that they like that they could bring in, it might be a good option.

Also, I really have to question whether a treatment room is a "public" place. Especially my home office. You can come by appointment only, my address is not public knowledge, and only the client and me are in there at any given time. Not really saying it would hold up in court, but it just doesn't seem public to me.

And I don't think becuase you are playing CDs on an ipod, that gets you off the hook. They are still CDs. But good try!