Stop the music! It costs too much

The Boston Herald

BEVERLY BECKHAM

A guy walks into a health club, smelling of onions and cigarettes, a clue that he's not stopping by for a workout, though God knows he could use one. He's also carrying a briefcase, not a gym bag, a sure sign of trouble.

He asks for the owner, opens his briefcase and when the owner appears introduces himself and hands him an attractive brochure, which has on its cover drawings of people dancing, people riding a stationary bike, a set of barbells, a racquet, goggles and racquetballs.

The brochure is entitled, "Questions Most Often Asked About Music At Health And Fitness Clubs."

The owner glances at it, studies the salesman and shakes his head.

"Look," he says. "I'm sorry, I'm not interested in subscribing to anything. We don't have aerobics here so we don't need any special music. The people who come in listen to whatever's on the radio. They're not picky. But thanks for coming by. I'm sorry you wasted your time."

The guy flashes a smile, digs into his briefcase and hands the owner another brochure, this one white with bold, blue lettering. "The Legal Aspects Of Performing Copyrighted Music."

"What's this about?" the owner asks, puzzled.

"It's about breaking the law," the salesman says, his smile fading.

The salesman hands the health club owner more papers, talking at the same time.

"It's a crime to play music in a place of business," he begins. "The music is protected by U.S. Copyright Law. Many business owners don't comply with the law because they are unaware it exists. Ignorance, however, is no excuse. A person found guilty of breaking the law can be fined hundreds of thousands of dollars."

"You're kidding, right?" the health club owner says, laughing. "This is a joke. Who sent you here?"

"I'm from BMI, Broadcast Music Inc.," the man replies. "I want you to read this," he says opening one of the brochures.

"Every business that uses live or recorded copyrighted music must obtain permission from the songwriter, composer and/or publisher who `owns' the music. You must also pay a fee that the creator designates for the right to play his or her copyrighted work.

"Virtually all music users are subject to the law. Aerobic and dance studios, health and exercise clubs, amusement parks, ballrooms, discos, nightclubs, skating rinks, country clubs, restaurants, hotels, banks, airlines, supermarkets, retail and department stores, trade shows, conventions, expositions, meetings, telephone-on-hold systems, concerts, radio and television stations and many others must comply."

"You mean to tell me that all these people have to get permission for every song they play? All these people pay to listen to the radio?" the owner asks.

"That's right."

"And just how do they do this?"

"That's where we come in. BMI makes this complicated process simple. For a yearly fee, we offer a music performance agreement that allows you to play as many of our 2 million songs as you like, as often as you want."

"So I pay you and then I can play the radio any time I want?

"Not exactly. There are two major licensing organizations in the United States, BMI and ASCAP.

"What's ASCAP?"

"The American Society of Composers, Authors and Publishers. They own most of the copyrighted music we don't own. A license with us doesn't allow you to play their music. In order to satisfy your obligations under U.S. law, you need an agreement with both of us."

"And just how much do these agreements cost?"

The salesman measures the premises.

"How many members do you have here?"

The owner tells him.

"And is this a single floor?"

The owner nods.

"It'll cost you about $598 a year. That's just for us, of course. ASCAP has its own fees."

The owner does some quick addition.

"That's $1,200 a year," he says.

"I bet you pay more for electricity and heat. Music's a commodity, too, you realize. Besides, if you don't pay you could be charged $50,000 for every song illegally played."

The owner stands mute, then slowly shakes his head. "This is robbery, you know?"

"No it isn't. It's the law. Title 17, United States Code, Sec 101. All I'm trying to do is make things easier for you."

Easier? Not on your life. ASCAP and BMI are nothing more than government sanctioned extortionists. Employing Gestapo-like tactics, these two non-profit organizations scare business owners into paying copyright fees with threats of larger punitive fees and lengthy lawsuits.

Small businesses are hurting all over this country. The stagnant economy isn't helping them, but government regulations are bleeding them to death.