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and sought a reduction in both blanket and per program fees which had been negotiated on an industry-wide basis. ASCAP has consistently rejected that approach to the extent that the stations themselves are commercial enterprises, it is unfair to

permit them to exclude from their fee calculation revenue

obtained from any source when other commercial stations must pay

fees computed on the basis of all of their revenues.

Moreover,

it would be inequitable to single out copyright owners among all other suppliers of goods and services to commercial radio

stations for such treatment.

Just as important from ASCAP's point of view has been

this obvious proposition: because the Amended Final Judgment in

United States v. ASCAP requires that ASCAP avoid discrimination

in the license fees and other terms and conditions of its

licenses among similarly situated licensees, it is imperative

that all commercial radio broadcasters be offered the same forms

of blanket and per program licenses. In 1978, 1986 and 1991, ASCAP and committees of radio broadcasters purporting to represent the entire industry reached agreement on uniform blanket and per program licenses for all commercial radio stations. These forms of agreement were subnitted to the United

States District Court for the Southern District of New York in

separate proceedings under the Amended Final Judgment with the result that the fee provisions were approved as reasonable and nondiscriminatory for the applicant stations. The court-approved licenses were accepted by many thousands of radio broadcasters,

including many employing religious program formats.?

ASCAP and the All-Industry Radio Music License Committee (now known as the Radio Music License Committee) most

recently negotiated new blanket and per program license terms in 1991. While those negotiations were being carried out, the

religious broadcasters commenced a second proceeding under the

Amended Final Judgment. Both of their proceedings have since been consolidated and remain pending.

over the past three years, counsel for the religious broadcasters have engaged in large-scale discovery, a costly and

time-consuming process for ASCAP. Over 10,000 documents have been produced and the applicants' counsel has now begun taking

depositions of ASCAP employees.

The litigation process being

what it is, it is too early to anticipate when these proceedings

will end.

The Court will hear their arguments and ours,

and

decide the matter.

Thus, it is up to ASCAP to persuade the Court that the fees it is proposing are reasonable. This is, after all, what users are entitled to, as required by the Amended Final Judgment

that music in the ASCAP repertory should be available for use by all music users upon payment of reasonable license iees, and

that a neutral third party

the Court

will decide what is

reasonable in the absence of agreement.

2

Indeed, some of the stations that signed the forms of blanket and per program licenses approved by the Court in 1986 were also participants in the proceeding commenced by the religious broadcasters in the wake of the Alton Rainbow settlement. As a result, the Court ordered dismissal of these stations' applications from the religious broadcasters' proceeding. The Court noted that "ASCAP did not seek to impose unprecedented fees but merely sought to assess the same charges approved by this Court in the (All-Industry Committee's] proceedings."

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1 Why must we obtain permission for the public

performance of copyrighted music at our conven lions, expositions. Industrial shows, mootings.

trade shows and other similar events? 2 Why are the musicians, entertainers or exhibitors

at our events not responsible for obtaining

permission?
3. What is ASCAP?
4 Who does ASCAP license?
5 What kind of music does an ASCAP license allow

us to perform at our events?
6 Why is my organization being contactos

ASCAP now?
7. What does the ASCAP license do for us?
8. What is the cost of the ASCAP license?
9. How do we calculate the lee due ASCAP?
10. How do we calculate the fee for mechanical

music?
11 How do we calculate the loo for live music?
12. How do we calculate the loe lor live performances

in the main meeting room or on any exhibition

lloor?
13. How do we calculate the foo for line portormances

at other functions?
14 Can you give specific examples of loe

calculations?
15 Is there a maximum license lee per event?
16. Is there a minimum license toe per event?
17. What will ASCAP's hcense lees be in the future?
18 How do we report to and pay ASCAP if we pre-

sent lour or lewer events per year?
19. How do we repon 10 and pay ASCAP if we pro

sent live or more events per year?
20. Are we liable for performances of music in the

ASCAP repertory at events hold prior to January

1. 1991?
21 What if we paid hcense lees under the ASCAP

EXPOSITIONS O CONVENTIONS, INDUSTRIAL
SHOWS AND TRADE SHOWS license ag.co

ments for cvents which occurred in 1989 a 19
22. Must we sign the form of ASCAP license agro

ment you are recommending?
23. What happens if we don't take an ASCAP licence?
24 How do we obtain an ASCAP license?
25 What we have any further questions?

1. Q. Why must wo obtain permission for the public
portormance of copyrighted music at our conventions,
expositions, Industrial shows, meetings, trade shows
and other similar avents?

A. The United States Copyright Law requires it.
Generally, under the Copyright Law. Title 17 of the
United States Code, the public performance of copy.
righted music requires permission from the copyright
owner or its hcensing agent, such as ASCAP. Just as
you pay for use of other forms of property, you must
pay for the use of musical property.

Q. Why are the musicians, entertainers or exhibi
tors at our events not responsible for obtaining
permission?

A Some people mistakenly assume that musicians
and entertainers must obtain all licenses nooded for their
portormances, or that they can shit liability for un
authorized parlormances to exhibitors. This is not the law.
The organization primarily responsible for the event itself
is obligated to obtain permission to publicly perform
copyrighted music at conventions and similar events.
3 Q. What is ASCAP?

A. ASCAP is the oldest and foremost organization
in the United States which licenses the right to perform
publicly copyrighted musical compositions. Founded
in 1914 by Victor Herbert, Irving Berlin, and other lead-
ing American composers and publishers, ASCAP is an
unincorporated membership association of writers and
publishers of music. It is the only American performing
nghts organization wholly owned and managed by and
for writers and publishers of music

Each of ASCAP's more than 45.000 mernbers has
granted to ASCAP a nonexclusive right to license the
non-dramatic public periormaces of their copyrighted
musical compositions on behalf of all of its members,
ASCAP licenses the right to perform publicly all of the
copyrighted musical works in the ASCAP repertory.
ASCAP collects license lees, and distributes those fees
to its members after deducting its operating costs and
payments to allikated foreign societies-more than 80
celts of each dollar ASCAP collects goes to writers and

ysic publishers. Indeed, license lees for public per
mances are the largest single source of income for
most composers and songwr: NS.

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Amortoon Booty a Composer, Author and Alichon

One Lincon Plaza, New York, NY 10023

A Code (212) 621-6400

Fax: (212) 873-3133 Todos 1-800-627-9806

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11. Q. How do we calculate the love for live music?

A. I live music is performed. there is a daily fee charged which shall not exceed $500 per day. In order to calculate the daily lee for live music, furst deler. mine the lee for live performances in the main meet ing room or on any exhibition floor, then determine the lee for live performances occurring elsewhere than in the main meeting room or on any exhibition floor and add them together

12. Q. How do we calculate the tee for live portor.
mances in the main mooting room or on any exhibition
Moor?

A. I live music is perlormed in the main meeting
room or on any exhibition floor at the event, the daily
lee is as shown in the following lable:
Number of Attendees Dady Live Music Fee
250 or less

$ 25
251- 500

50
501-
750

100
1.001- 1.500

125
1.501-
2.000

200
3.001- 4,000

250
4,001 - 5.000

300
5.001- 7,500

350
7501- 10,000

500

4. Q. Who does ASCAP license?

A. ASCAP licenses tens of thousands of music
users such as radio and television networks and sta-
tions, restaurants, nightclubs, hotels, shopping malls.
fairs, dance schools, concert promoters and others who
desire to perform lawlully the copyrighted musical com-
positions in the ASCAP repertory.

While any music user could obtain individual licenses
from each ASCAP member whose works are performed.
one ASCAP license enables you to perform all works
of all ASCAP members (and members of affilated lor.
eign societies) without complex record-keeping The
ASCAP blanket license provides an easy, economical
means by which you may gain access to the vast
ASCAP repertory
5. Q. What kind of music doos ar ASCAP license
allow us to partorm at our events?

A. ASCAP's repertory contains music of every form
and style: big band music, rock, pop, country. Broad-
way, film and television, gospel, jazz, Latin, soul, sym-
phony and concert music. The ASCAP membership list
reads like a Who's Who of American music, including
Irving Berlin, Johnny Cash, Neil Diamond, Bob Dylan
Duke Ellington, George and Ira Gershwin, Madonna,
Henry Mancini, Smokey Robinson, Richard Rodgers,
Kenny Rogers, Bruce Springsteen, Randy Travis, and
Stevie Wonder, among many others An ASCAP license
also covers the works of lens of thousands of foreign
writers and publishers, members of over 40 affiliated
foreign performing rights societies.

If you wish to obtain a membership list from ASCAP,
or to know if particular compositions are in the ASCAP
repertory, you need only write and ASCAP will respond
promptly.
6. Q. Why is my organization being contacted by
ASCAP now?

A. In 1989 and 1990, ASCAP met with representa-
tives of various industry associations and groups in an
effort to formulate an appropriate industry-wide license
agreement for conventions, expositions, industrial
shows, meetings, rade shows and similar events. The
ASCAP license agreement being offered to you today
results from months of negotiations and has been en
dorsed and is recommended by the leading associa-
tions in your industry, including ASAE, MPI. PCMA and
RCMA as being fair and reasonable

7. Q. What does the ASCAP license do for us?

A. The ASCAP license authorizes the non-dramatic
public performance of music in the ASCAP repertory
at functions presented in conjunction with events such
as conferences, congresses, conventions, expositions.
industnal shows, institutes, meetings, seminars, Ielecon
ferences, trade shows or other similar scheduled ac.
tivities of not more than fourteen days duration

The ASCAP license authorizes live performances as
well as mechanical performances (such as by records,
tapes, compact discs, radio over loudspeakers, or by
audio-visual means such as television, video cassettes
or laser discs). Thus, for example, your ASCAP license
authorizes the performance of live music on the con-
vention or exhibition floor, the performance of record-
ed music as part of the soundtrack of a videotape
shown by one of your exhibitors or by a speaker at a
meeting the performance of music as part of a telecon
ference, as well as the performance of recorded music
by a disc jockey at a dinner dance, and live music by
a band at an opening, closing or awards ceremony.
a Q. What is the cost of the ASCAP license?

A. A license lee will be due for each convention,
exposition, industrial show, meeting or trade show you
present. The live under your ASCAP license will vary
depending upon the number d people who attend
each event and whether mechanical music, live music,
or both mechanical and live music are performed.
9. Q. How do we calculate the too duo ASCAP?

A In order to calculate the total lee due for each
event, first determine the lee for mechanical music, then
the lee for live music, and add them together.

75
751- 1.000

150
2.001 - 3.000

400
10.001 or more

10. Q. How do we calculate the loo for mechanical
music?

A. If mechanical music is performed at any time
during your event, the lee is 4426 per "attendee" The
lerm attendee" means all persons who have registered
or paid to attend the event, but excludes those persons
required to produce the event, service contract person
nel temporary personnel

, accredited members of the media, and one-half of the number of persons serving as exhibitor personnel.

13. Q. How do we calculate the tea lor live pertoi.
mances at other functions?

A. If live music is performed at functions occurring
elsewhere than in the main meeting room or on an exhi-
bition floor, the fee shall be as shown in the table set
forth above, provided that the number of attendees for
these tunctions shall be the total number of persons for
whom the rooms or areas in which such functions occur
are set up. or if the rooms or areas are not set up for
specific numbers of persons, the bre capacity of such
rooms or areas.

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A Q. What happens I. loanso?

than on the main meeting floor and which have set ups
lor 250 persons 850 persone and 50 persons, respec
lively, no other mechanical or live music is performed
at the event The Icense lee for the event is $624 25
calculated as follows

1.650 (number of attendees)
Xing mechanical musclee)

$74.25
plus
$150 (tedy be borne moc pertormed on the

menahotonloow 1650 candid
x 2 days

$300 plus

A Nyou do not obtar
from the indidual ASCAP,
perform you soodhon

ble for my unauthonando
musical compositions in the
coprohiniingers The Cc
munchon agand lurthern

much copmghentingida
• plus areasonable Momoy's

Obviously estar les
copynghi tow by taking an
damages for votating the

$123 (daily how lor musc occurring *

lunchons dlacwhare them on the man chrbton loor with a total d 1.150

attended)
* 2 deg

$250
The total consolo for the worl824 25

1. Q. Can you goo specie enemples of mone
calculatons?

A. In the following examples, we assume that 1500
persons pad or registered to attend the event and that
there were also 300 exhibitor personnel present Be
cause one hall the number of exhibitor personnel are
counted as anendees the lotal number of attendees
n these examples is 1650

Example / Mechanical Music performed each
day of the event by exhibitors on the trade show loa.
during a seminar na meeting room, and at an awards
banquet, no Inve Music is performed at the event. The
license lee for the events

1.650 (number of attendees)
x 447€ (mechancal musc lee)
$74 25

Example il Live music is performed on the man
exhibition floor ouning two days of the event, no other
Inve music and no mechanical music is performed at
the event the cense lee for the event is
$150

(daty toe for live musc pertormed on the

manathibition loor with 1650 tondo
x 2 days
$300

Erampre M Live Music is performed on the man
echibition Moor during two days of the event, and, on
each ol those same two days live music iso per
lormed at a chinner party with a set up for 350 persons
no other live music and no mechanical music is per
formed at the event The Icense fee for the events
$400. calculated as follows
$150 Idady toe lo he musc pertormed on the

man etholonloor woh 1650 sendoos
x 2 days

$300
plus
$50 Idamy lee for live music performed

lunchons occurring elsewhere than on
the man exhibition loor the dimer par

bes) with 350 attendees)
x 2 dars

$100
The total license lee for this event is $400

Example N Mechanical Music & performed
each day ol the event by exhibutors on the trade show
Hoor during a sering na meeting room and aan
awards banquet live music is performed on the main
exhotonloor during mo days of the event and on each
of those same two days live music is also performed at
three separate functions all of which occur disewhere

How do we mport to and pay ASCAP I w
prosent the or more venta por you?

A Nyou presenta a montovan porno you
mul complete and runnrepon forms ASCAP quer
warty for January 31. apnd 30. Juny 31 and October 31).
sprong each event presented during the preceding
calendar quartet N the time you must who pay the
applicable con loa lor al avants presented during
the preceding calenda quente
2 Q. Ao wa liable for pertamancos d music in the
ASCAP repertory warto hold prer to demory 1, 19017

A Wes Howowa for those who ante no theme
ASCAP lore agroament on a beton Fonuary 1,
1991, ASCNP, on behald members has agreed not
bo press me to the unauthonend push pertormende
DASCAPs members' musc acouring a convention
pontong ndut thom menos na nda thons
par to January 11901.
21. Q where it was paid license tuos under the ASCN
EXPOSITIONS O CONVENTIONS. MOUSTRIAL
SHOWS ANO TRADE SHOWS loanne proment to
wenda which occured a 1000 a moon

A Pronded that you enter to the now ASCA
boome greement on a boton February 1, 1991,
ASCAP has agreed to copy auch loan lou
I code lowed to you may owe under the new
ASCAP license agreement m 1901
2. O must ma sign the form or ASCN Koares
agreement you a recommanding?

A b portorm copmghted munca, a license
is required. A lcance may be obtained directly from the
copyright owners of the works, a for works in the
ASCAP repertory, from ASCAP. N you are performing
musc in the ASCAP repertory and you boheve that the
agreement ASCAP olors does not your needs bo
cause your performances al musc are very different
from other conventions socposton ndustrial show
meetings and trade shows you have the noht to apply
to the United States Destra Count for the Southern Dis
ind of New York to determine a reasonable consoles

M. Q. How do we cotein

A. Complete and son
oun agreement include
O ASCAP, Nabond Sales
Now York, New York 100%
Notum ane Wycand co
to you for your Men

18 Q. Is the mainimum license two per mant?

A Yes The mexmum e parable under the
ASCAP Woon$4,000 per mon

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1 Q. As then I minimum license we per mant?

A W Thommumio pavabo under the ASCAP
Icones a $50 per mon. Howevad nether me musc
no mechanical muess partormed an event then
ng to the be payable under the ASCAP Wende lor
the pericular event

17. Q. What wil ASC loans tous do in the man?

A The bonelons decused nine penphat we
applicable for each evert presented during calendar
yeune 1991 and 1992 Aker 1992. Wicense hoes under
the ASCAP Ice.greement on paio dusmert
morecordance with changes in no Consumer Price
N Q. How do we report to and Day ASCAP I WO
presort any tour or lower monta per mar?

A Nyou present our or lower events per year you
must complete and retun a report form to ASCAP RO
er than thirty days her the presentation deach such
want to the with payment dhe plote toonna toe
ASCAP w proude you with report forms hood charge

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