Anyone heard of Sirius crashing local businesses?

[shilton]

Eric said; "I have a problem with that."

ameyer said; It seems to me that a radio playing songs in a store falls under public place, and that so called radio station is paying the fee, so what is the problem? Why should someone else have to pay for something that is already being paid for?

Well, I didn't make the rules. I'm only smart enough to know the rules.

Would someone who is smart enough to know the rules please interpret this (and the rest of this page) to those of us who are not?

"Early versions of the copyright law limited the exclusive right to performances given "publicly for profit." Today, however, the "for profit" limitation has been repealed and only an explicit list of exempt performances do not require a license from the copyright owner. These include performances by instructors or students during face to face teaching activities of nonprofit educational institutions, performances of music in the course of religious services at a place of worship, and performances by the public communication of a radio or television transmission by eating, drinking, or retail establishments of a certain size which use a limited number of speakers or televisions and if no charge is made to see or hear the transmission (See Section 110(5) of the Copyright Act as revised. See www.lcweb.loc.gov/copyright)."

From The Better Business Bureau:
http://www.bbb.org/alerts/article.asp?ID=451

I'd be curious to know the "limited number of speakers" that makes the difference between having to pay the fees and not. By the way, I was in the AT&T Wireless store downtown today too, and they had my competition on, so I guess a company as big as AT&T doesn't understand the rules either (unless they already know they are OK) I can see if they are blaring it in a bar or something like that, but in a clothing store, no one is buying the clothes because station x-y-z is on, so to me it seems more like scare tactics on the part of Sirius. Since Sirius plays the same music that the radio station pays, I fail to see how a business owner would not have to pay the fees to rebroadast Sirius radio, yet they'd have to pay to rebroadcast a radio station that is already paying the fees to Ascap/BMI. Surely there has to be "exceptions"

 

[Spackler1]

By the way, I was in the AT&T Wireless store downtown today too, and they had my competition on, so I guess a company as big as AT&T doesn't understand the rules either (unless they already know they are OK) I can see if they are blaring it in a bar or something like that, but in a clothing store, no one is buying the clothes because station x-y-z is on, so to me it seems more like scare tactics on the part of Sirius.

I don't think Sirius has anything to do with it. No way does Sirius have people working the streets of State College, PA looking for new subscribers. The economics of it don't make any sense.

 

[ameyer]

Hey Spack, FYI Sirius does have people roaming the streets, I personally ran into one of them Thursday night during our remote in Bellefonte, so yes they are around.

I did a little research on this matter last night, because my Mom is a business owner who flips between us and WOWY in the store...from what I can interpret from the legal mumbo jumbo that I read...if a business owner is playing the radio in a store it can be on no more than 2 speakers, this is not considered a public performance, if that said business has the station on 3 or more speakers the business may be responsible for paying the licensing fee. If said business would like to play the music over a loudspeaker outside the store say such as Pita Pit in State College does than they must pay royalty fees as this 100% falls under public performance.

 

[Spackler1]

Sirius might be paying local people, probably students, on a per-order basis. I doubt that they're Sirius employees.

 

[shilton]

Sirius might be paying local people, probably students, on a per-order basis. I doubt that they're Sirius employees.

Sirius needs to focus on their proposed merger and stop worrying about terrestrial radio. Seems to me they are feeding the feds that terrestrial radio is competition for them...so wouldn't it be in their best interests to let terrestrial radio be sop it can flourish?

 

[hammondo]

This may be the ascrap/bmi rule. Sirrius is a "provider" just like an am or fm station, or cd's in a player.

EXACTLY true;

if a business owner is playing the radio in a store it can be on no more than 2 speakers, this is not considered a public performance, if that said business has the station on 3 or more speakers the business may be responsible for paying the licensing fee. If said business would like to play the music over a loudspeaker outside the store say such as Pita Pit in State College does than they must pay royalty fees as this 100% falls under public performance.

 

[Snafu]

Yes, Sirius has some people in larger college towns pushing the product (XM is focused on larger markets like Philly) and yes they are trying to sign up businesses. Whether you like the product or not the simple economics of the matter are that Sirius is WAY cheaper than an ASCAP/BMI fee even in a market this small and is even cheaper than a standard music service.

Ever wonder why you never heard a radio station being played in a McDonalds, Wal-Mart, Wendy's or even in Best Buy? Because their corporate lawyers know the rule and know they would be target #1. Besides if you are as big as Best Buy and Wal-Mart its easier to create you own service and have advertisers pay you to run it.

Remember the same mentality that propels ASCAP/BMI also thinks that you'll put up with buying a $17 CD for a single song forever and that iPods are only a passing fad.