So I understand that ASCAP has the legal right to collect licensing fees to cover any music in their repertoire that is publicly performed. But, ASCAP does not have a right to licensing fees when there is no PUBLIC performance. ASCAP itself says: A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered."
Even if the bride and groom rent a hall for their wedding, for the duration of their rental contract, that hall is NOT a place "open ot the public." It is no more open to the public than my rental apartment is open to the public. Likewise, a store may be open to the public but after hours, when the shop is closed, it is NOT OPEN TO THE PUBLIC. Open to the public has to mean that "anyone can come in" with or without an invitation. Thus, for the duration of the rental of the hall for a private event, the hall is open ONLY to those who are INVITED guests.
And, I don't know about most of you but I certainly did NOT have a "substantial number of persons outside of a normal circle of family and it social acquaintances" at my wedding. Every single person at my wedding was either a family member, a close friend of a family member, or at the very least, some a social acquaintance of one or more of my family members.
Even if one has a very large wedding and therefore decides to hire help (caterers, waitpersons, etc.) these people do not make up a "substantial number of persons" ...certainly NOT in comparison to the number of family members and friends at the wedding. And besides, the hired help is NOT there to listen to the music or dance to it anyway! The music is certainly NOT being performed in order to entertain the hired help in any way.
Maybe if the bride or groom is a member of the royal family or a politician or some other big name media star, there may be enough reporters and hired security people on hand to justify saying that the wedding is "public." But for the wedding of your average everyday bride and groom, the wedding is a private event attended only by members of the family and the family's social acquaintance. ERGO, NO PUBLIC PERFORMANCE therefore NO LICENSING FEES DUE.
ASCAP is overreaching to even try to claim that they can collect performance licensing fees on weddings in general.
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How is a wedding a public event???
Even if the bride and groom rent a hall for their wedding, for the duration of their rental contract, that hall is NOT a place "open ot the public." It is no more open to the public than my rental apartment is open to the public. Likewise, a store may be open to the public but after hours, when the shop is closed, it is NOT OPEN TO THE PUBLIC. Open to the public has to mean that "anyone can come in" with or without an invitation. Thus, for the duration of the rental of the hall for a private event, the hall is open ONLY to those who are INVITED guests.
And, I don't know about most of you but I certainly did NOT have a "substantial number of persons outside of a normal circle of family and it social acquaintances" at my wedding. Every single person at my wedding was either a family member, a close friend of a family member, or at the very least, some a social acquaintance of one or more of my family members.
Even if one has a very large wedding and therefore decides to hire help (caterers, waitpersons, etc.) these people do not make up a "substantial number of persons" ...certainly NOT in comparison to the number of family members and friends at the wedding. And besides, the hired help is NOT there to listen to the music or dance to it anyway! The music is certainly NOT being performed in order to entertain the hired help in any way.
Maybe if the bride or groom is a member of the royal family or a politician or some other big name media star, there may be enough reporters and hired security people on hand to justify saying that the wedding is "public." But for the wedding of your average everyday bride and groom, the wedding is a private event attended only by members of the family and the family's social acquaintance. ERGO, NO PUBLIC PERFORMANCE therefore NO LICENSING FEES DUE.
ASCAP is overreaching to even try to claim that they can collect performance licensing fees on weddings in general.
Techdirt has not posted any stories submitted by Bev A.
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