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procedures the performing rights societies employ to
protect their songwriter members, those practices should
be fairly negotiated among the parties
as has been
done over the past several months between the National
Licensed Beverage Association (NLBA) and the societies.
societies, nearly 70% of all restaurants would be exempt
from license fees for radio and television music.
suggest that the underlying copyright law be gutted so
that creators are no longer compensated at all for their
work is manifestly unfair to thousands of hard-working small businesspeople in every state who strive every day to make life more enjoyable by writing the best music in
Songwriters are not alone in their opposition to
The United States Register of Copyrights, the
Commissioner of Patents and Trademarks, the Office of the
misguided public policy. Their concerns mirror our own.
As Justice Oliver Wendell Holmes wrote in Herbert V.
Shanley in 1917, "If music did not pay, it would be given
If we are not paid, we will not be able to write,
singer/songwriters, and they make most of their money
Those who only write
songs derive most of their income from the royalties they
I couldn't make a living by writing songs, I'd have to do
But it would be a bigger loss for America.
GENERAL LICENSE AGREEMENT-RESTAURANTS, TAVERNS,
Agreement between AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS ("SOCIETY"), located
1. Grant and Term of License
(a) SOCIETY grants and LICENSEE accepts for a term of one year, commencing and continuing thereafter for additional terms of one year each unless terminated by either party as hereinafter provided, a license to perform publicly at
("the premises”), and not elsewhere, non-dramatic renditions of the separate musical compositions now or hereafter during the term hereof in the repertory of SOCIETY, and of which SOCIETY shall have the right to license such performing rights.
(b) This license authorizes performances by means of “jukebox(es)" as defined in the Rate Schedule attached to and made a part of this Agrecment.
(c) This Agreement shall enure to the benefit of and shall be binding upon the partics hereto and their respective successors and assigns, but no assignment shall relieve the parties hercto of their respective obligations hereunder as to performances rendered, acts done and obligations incurred prior to the effective date of the assignment.
(d) Either party may, on or before thirty days prior to the end of the initial term or any renewal term, give notice of termination to the other. If such notice is given the Agreement shall terminate on the last day of such initial or renewal term.
2. Limitations on License
(a) This license is not assignable or transferable by operation of law or otherwise, except as provided in subparagraph “1(c)” hereof, and is limited to the LICENSEE and to the premises.
(b) This license does not authorize the broadcasting, telecasting or transmission by wire or otherwise, of renditions of musical compositions in SOCIETY's repertory to persons outside of the premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the premises.
(c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this Agreement, a dramatic performance shall include, but not be limited to, the following:
(i) performance of a "dramatico-musical work” (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a "dramatico-musical work” (as hereinafter
defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work
from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or
unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a "dramatico-musical work” (as hereinafter defined). The term “dramatico-musical work” as used in this Agreement shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet.
3. License Fees and Payments
(a) In consideration of the license granted herein, LICENSEE agrees to pay Society the applicable license fee set forth in the Rate Schedule annexed hereto and made a part hereof, based on “LICENSEE's Operating Policy.” The term “LICENSEE's Operating Policy" shall mean all of the factors which determine the license fee applicable to the premises under the Rate Schedule.
(b) LICENSEE warrants that the Statement of LICENSEE's Operating Policy attached to and made a part of this Agreement is true and correct as of the date hereof. (c) The current applicable license fee for the premises is
annually, based on the factors set forth in the Statement of LICENSEE's Operating Policy.
(d) LICENSEE agrecs to pay Society the license fee due hereunder in installments of one-third the applicable annual fee in advance on or before January 1, May 1 and September 1 of each year provided, however, that if LICENSEE does not otherwise owe SOCIETY any fees under this or any prior license agrecment, and if LICENSEE Pays the full annual fee on or before January 31st of any year, the applicable license fee for that year shall be reduced by 20%.
(e) LICENSEE agrees to pay SOCIETY a $25 service charge for each unpaid check, draft or other form of monctary instrument submitted by LICENSEE to SOCIETY.
(1) In the event LICENSEE shall be delinquent in payment of license fecs due hereunder by 30 days or more, LICENSEE agrees to pay a finance charge on the license fecs duc of 12% per month, or the maximum rate permitted by the law of the state in which the premises licorend hereunder arm located, whichever is less, from the clope seich
(g) In the event that LICENSEE's payment of fees under this Agreement causes SOCIETY to incur a liability to pay a gross receipts, sales, use, business use, or other tax which is based on the amount of Society's receipts from LICENSEE, the number of licensees of SOCIETY, or any similar measure of SOCIETY's activities, and (i) SOCIETY has taken reasonable steps to be exempted or excused from paying such tax; and (ii) SOCIETY is permitted by law to pass through such tax to its licensees, LICENSEE agrees to pay to SOCIETY the full amount of such tax.
4. Changes in LICENSEE's Operating Policy
(a) LICENSEE agrees to give SOCIETY thirty days prior written notice of any change in LICENSEE's Operating Policy. For purposes of this Agreement, a change in LICENSEE's Operating Policy shall be one in effect for at least thirty days.
(b) Upon any change in LICENSEE's Operating Policy resulting in an increase in the license fee, based on the annexed Rate Schedule, LICENSEE agrees to pay SOCIETY the increased license fee, effective as of the initial date of such change, whether or not written notice of such change has been given pursuant to subparagraph “4(a)" hereof.
(c) Upon any change in LICENSEE's Operating Policy resulting in a reduction in the license fee, based on the annexed Rate Schedule, LICENSEE shall be entitled to the reduction, effective as of the initial date of such change, and to a pro rata credit for any unearned license fees paid in advance, provided LICENSEE has given SOCIETY thirty days prior written notice of such change. If LICENSEE fails to give SOCIETY thirty days prior written notice, any reduction and credit shall be effective thirty days after LICENSEE gives SOCIETY written notice of the change.
(d) Within thirty days of any change in LICENSEE's Operating Policy, LICENSEE shall furnish to SOCIETY a current Statement of LICENSEE's Operating Policy and shall certify that it is true and correct.
(e) If LICENSEE discontinues the performance of music at the premises, LICENSEE or SOCIETY may terminate this Agreement upon thirty days notice, the termination to be effective at the end of the thirty day period. In the event of such termination, SOCIETY shall refund to LICENSEE a pro rata share of any unearned license fees paid in advance. For purposes of this Agreement, a discontinuance of music shall be one in effect for no less than thirty days.
5. Breach or Default
Upon any breach or default by LICENSEE of any term or condition herein contained, SOCIETY may terminate this license by giving LICENSEE thirty days notice to cure the breach or default, and in the event that it has not been cured within the thirty day period, this license shall terminate on the expiration of that period without further notice from SOCIETY to LICENSEE.
6. Interference in SOCIETY's Operations In the event of:
(a) any major interference with the operations of Society in the state, territory, dependency, possesion or political subdivision in which LICENSEE is located, by reason of any law of such state, territory, dependency, possession or political subdivision; or
(b) any substantial increase in the cost to SOCIETY of operating in such state, territory, dependency, possession or political subdivision, by reason of any law of such state, territory, dependency, possession or political subdivision, which is applicable to the licensing of performing rights,
SOCIETY shall have the right to terminate this Agreement forthwith by written notice and shall refund to LICENSEE any uncarned license fees paid in advance.
All notices required or permitted to be given by either party to the other hereunder shall be duly and properly given if:
(a) mailed to the other party by registered or certified United States Mail; or
(c) sent by generally recognized same-day or overnight delivery service, addressed to the party at the address stated above. Each party agrees to inform the other of any change of address.
IN WITNESS WHEREOF, this Agreement has been duly executed by SOCIETY and LICENSEE
(Fill in capacity in which signed:
10M 2/95 (C)
VII. Alternate or relief music provided by instrumentalist(s) 0 No. Days/Nights Per Week
Days/Nights Used (Circle)
X. Number of rooms with musical entertainment
(If music is performed in more than one room, fill out and attach a separate Statement of Operating Policy for each room)