Tuesday, April 15, 2008

Like your tunes? Better make sure someone has paid for them - copyright crackdown in Delaware bars

The News Journal recently posted an article regarding the enforcement of musical copyright in some upstate bars. Basically, the copyright owners of certain music acts and groups have decided that these delinquent bar owners have ignored their calls for a license to play their music long enough. Because of the importance of copyright and paying for things that people worked hard for, businesses that feature music need to be aware that the copyright man cometh. And you thought the tax man was bad.

These licenses, according to the article, run a business between $1,400 and $1,900 each to the respective copyright groups. Granted, for how much profiteering these companies probably have made in the years they failed to get a license, the cost is minimal. In these hard economic times, however, the licenses may be cost prohibitive. While I've never given any thought to who pays for the music at a bar, it does make sense given the adage that "nothing in life is free."

Can some sort of medium between the copyright owners and the barkeeps be found? Probably, but the answer isn't going to please these bar owners by any means. Is this going to have an effect on bars, such as Lobby House or Irish Eyes that feature weekly trivia games and DJ-hosts playing music from their laptops in between questions? One would think. Are the bars going to react positively or negatively to the threat of having to actually pay for entertainment? I think the answer to that one is pretty clear.

So what results? Either these bars pony up for the license and pass the costs onto those who frequent the establishment (or those who set up those fun karaoke nights) or they are going to have to figure out another way to attract the young and entitled MTV generation. Some things may work, such as setting up Guitar Hero nights and hope that Gibson doesn't bring a lawsuit against them. Other ideas might work, such as hiring more live bands (unlikely beyond the beach zones and the shortage of local bands that can be a draw), forcing the DJs to pay a percentage of the license costs (which will in turn force DJs to have to show that they are properly licensed and pass those costs onto the bar), installing more jukeboxes (that do not have burned CDs in them), or switching to some sort of satellite radio system (that may or may not be covered by these laws). In all likelihood, though, I foresee drink specials becoming even stingier than they already are if these bars are boxed into the corner of the first option.

The final score of this battle? Wasn't there a similar outcry when the smoking ban went into effect? I think the edge goes to the copyright owners.

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