The country’s top music copyright protection firms are turning up the volume on enforcement policies for the unlicensed playing of copyrighted music at conventions and trade shows.
Maligned by recent lawsuits against Internet music companies Napster, Inc. and San Diego-based MP3.com Inc., the three main performing rights societies representing musicians have launched an educational campaign focused on trade show organizers.
Instead of direct prosecution, firms such as Broadcast Music, Inc. (BMI) of Nashville, Tenn., are scouring the country arranging for educational presentations at industry associations.
Last month, one BMI employee advised members of San Diego’s chapter of Meeting Planners International for an hour on the need to obtain licenses for music played or performed at industry events.
Those familiar with the copyright industry believe firms such as the American Society of Composers, Authors and Publishers (ASCAP) of Nashville; SESAC, Inc. of East Nashville; and BMI are just exercising their right to prosecute the unlawful use of intellectual property under current copyright laws , albeit with a touch of vigor.
“If you noticed, the lawsuits against Napster and MP3 were by everyone. They all feel abused,” said Kathleen Merrill, executive vice president for Parker Music Group in Sherman Oaks, Calif. Merrill’s firm arranges for the proper licenses for the taping of copyrighted music onto corporate videos and movie scores.
– Infringement Affects Industries
Convention and trade show organizers are not the only targets, she said.
“Every infringement in their view is a problem,” Merrill said.
However, the big three are paying particular attention to violations in the trade show industry.
“Business exploits music for every imaginable purpose and trade shows are businesses,” said Bill Grothe, BMI’s senior director of general licensing. “Exhibitors frequently use music to draw attention to their product and to their booth.”
Show attendance levels and frequency of the events have experienced a boom in recent years, according to the Center for Exhibition Industry Research in Chicago.
Last year, there were 4,503 conventions and trade shows in the United States, according to the organization’s report on the size of the exhibition industry. Overall in 1999, 102 million people attended the shows featuring more than 1.5 million exhibitors.
– Blanket Licenses Cover Entire Events
To prevent all types of violations, BMI, ASCAP, and SESAC offer blanket licenses that cover the entire event including post-show engagements by placing the responsibility on the event’s organizer or venue, as is the case with a SESAC license.
BMI’s licenses are based on a system that charges 5 cents per show attendee and a minimum annual fee of $100. If an organizer only directs one show, then they would owe the annual $100 plus $400 at year’s end.
ASCAP offers two licenses. For organizers with 10 or less shows, the fee is based on the number of attendees and a fixed live music fee. The second license is for organizers of more than 10 shows. The fee per attendee is higher, but there is no fee for live music.
SESAC offers licenses to venues only.
Bill Lee, director of licensing operations at SESAC, wouldn’t disclose which, if any, San Diego convention facilities had a SESAC license or how many licenses SESAC has issued. Disclosure of licenses is done on a case-by-case basis, Lee said.
The San Diego Convention Center Corp., the largest convention facility in San Diego according to the San Diego Business Journal’s Book of Lists, does not have a SESAC license.
– Show Organizers Have Responsibility
Rather, the Convention Center puts the responsibility on the show organizers, said Suzzanne Ravitz, a research analyst with the Convention Center.
While the typical show at the Convention Center does not feature music, “it’s not uncommon for us to host a concert” closed to the public after the convention or trade show, she said.
SESAC license inquiries were made to, but not returned by the remaining four largest convention facilities in the area; the Del Mar Fairgrounds, Town and Country Resort & Convention Center, San Diego Marriott Hotel & Marina and the Sheraton San Diego Hotel & Marina.
By and large, licensing directors such as Grothe at BMI have experienced “a great deal of cooperation” from trade show organizers and associations.
“But there’s a hardcore group out there that are still not convinced that they have liability to do anything,” he said.
– Copyright Meetings Held Nationwide
To get to their attention, the copyright protection firms are sending employees across the country to meet with industry associations.
One such BMI employee met last month with the members of Meeting Planners International, San Diego.
Holly Young, chairwoman of monthly programs for the chapter, said as professionals it is important for MPI members to understand the law.
Although a majority of local meeting planners have followed copyright laws, Young admitted there are some that have not.
“I think smaller operators probably have not,” she said.
