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In late April our CFO received a formal looking letter from ASCAP (American Society of Composer, Authors and Publishers) the music association, threatening proceed with legal action because we haven't signed a campus-wide agreement for using music; "If this issue is not resolved by May 31, 2012, ASCAP will be forced to proceed with a formal investigation, which could lead to legal proceedings regarding copyright infringement." If I recall correctly we pay the licensing fees for performances, choral groups, etc. I seem to recall that this kind of threat was happening a few years ago. Their letter says "Please understand that your institution remains unlicensed and is therefore infringing upon the copyrights of ASCAP member songwriters and music publishers, and has been so infringing since July 1, 2007." What is the status of this on your campus? Dave ********** Participation and subscription information for this EDUCAUSE Constituent Group discussion list can be found at http://www.educause.edu/groups/.

Comments

Dave,

When we got a similar letter last Fall, I had thought we were licensed but, when I inquired, I discovered that someone in student life had forgotten to process the periodic payment due. Ours went back two years, if I recall, to 2009 and I believe they waived any past charges as long as we paid for the current year. I spoke with someone at ASCAP who said that they were getting more diligent with unpaid license renewals so you may want to first check with whoever on your campus would have been the one responsible for that. I wasn't sure so I called the number listed on the letterhead and they had a name from our last payment made. It was a very accommodating and non-threatening conversation with them. Hope this helps.

Best regards,

Walt

Dave--

Our performance management office pays the ASCAP and BMI fees for the campus annually.  Our campus radio station is covered and, since it's self-supporting, helps cover some of the cost.  Hope that helps.

Lee

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Thanks Walt - that is usually the best place to start – find out who is responsible for keeping the licenses current.

 

But the simple answer is that almost all colleges need a license with all three performance rights organizations, not just ASCAP. Some very small schools or nonresidential campuses can get by without one if they really don't use music. Sometimes this can fall through an administrative crack, (like Walt described) or the campus doesn’t realize that they need a license with not only ASCAP but BMI and SESAC as well.

 

NACUBO among other associations is working to update part of the radio licensing agreement and information will be updated on the link below in the coming months:

 

http://www.nacubo.org/Business_and_Policy_Areas/Privacy_and_Intellectual_Property/Music_Copyrights.html

 

Thanks,

Tadu

 

Tadu Yimam | Director, Online Learning

National Association of College and University Business Officers (NACUBO)

1110 Vermont Avenue, NW | Ste 800 | Washington, DC 20005

Tel: 202.861.2541| Fax: 202.513.8190

E-mail: tadu.yimam@nacubo.org

P Save a tree...please don't print this e-mail unless you really need to. 

 

From: The EDUCAUSE CIO Constituent Group Listserv [mailto:CIO@LISTSERV.EDUCAUSE.EDU] On Behalf Of Walter Matystik
Sent: Thursday, May 03, 2012 3:27 PM
To: CIO@LISTSERV.EDUCAUSE.EDU
Subject: Re: [CIO] ASCAP Letter

 

Dave,

 

When we got a similar letter last Fall, I had thought we were licensed but, when I inquired, I discovered that someone in student life had forgotten to process the periodic payment due. Ours went back two years, if I recall, to 2009 and I believe they waived any past charges as long as we paid for the current year. I spoke with someone at ASCAP who said that they were getting more diligent with unpaid license renewals so you may want to first check with whoever on your campus would have been the one responsible for that. I wasn't sure so I called the number listed on the letterhead and they had a name from our last payment made. It was a very accommodating and non-threatening conversation with them. Hope this helps.

 

Best regards,

 

Walt

Following on to this, has anyone looked at their ASCAP and BMI licensing in terms of distribution via mobile apps?  If you've developed a mobile university app that connects to your campus radio station, is there a licensing implication?

Thanks for any insights.
Theresa

Walt,

Why would student life be managing this licensing?  I think of Student Life as being “Student Affairs” or housing.  I could see the library or the campus attorney handling ASCAP licensing but not student affairs. 

 

Best regards,

Sheila Crowe

Montana State University

 

From: The EDUCAUSE CIO Constituent Group Listserv [mailto:CIO@LISTSERV.EDUCAUSE.EDU] On Behalf Of Walter Matystik
Sent: Thursday, May 03, 2012 1:27 PM
To: CIO@LISTSERV.EDUCAUSE.EDU
Subject: Re: [CIO] ASCAP Letter

 

Dave,

 

When we got a similar letter last Fall, I had thought we were licensed but, when I inquired, I discovered that someone in student life had forgotten to process the periodic payment due. Ours went back two years, if I recall, to 2009 and I believe they waived any past charges as long as we paid for the current year. I spoke with someone at ASCAP who said that they were getting more diligent with unpaid license renewals so you may want to first check with whoever on your campus would have been the one responsible for that. I wasn't sure so I called the number listed on the letterhead and they had a name from our last payment made. It was a very accommodating and non-threatening conversation with them. Hope this helps.

 

Best regards,

 

Walt

Our student life folks control this contract as well... goes back the days when ASCAP/BMI covered performances in the student union and oversaw the "carrier-current" radio station.  

That makes sense.  Our student union building is managed by Auxiliaries, as are the other venues on campus where concerts are held.

 

From: The EDUCAUSE CIO Constituent Group Listserv [mailto:CIO@LISTSERV.EDUCAUSE.EDU] On Behalf Of Thomas Skill
Sent: Thursday, May 03, 2012 2:46 PM
To: CIO@LISTSERV.EDUCAUSE.EDU
Subject: Re: [CIO] ASCAP Letter

 

Our student life folks control this contract as well... goes back the days when ASCAP/BMI covered performances in the student union and oversaw the "carrier-current" radio station.  

Historical but they also coordinated plays, performances,  student radio etc

On May 3, 2012 4:43 PM, "Crowe, Sheila" <sheila@montana.edu> wrote:

Walt,

Why would student life be managing this licensing?  I think of Student Life as being “Student Affairs” or housing.  I could see the library or the campus attorney handling ASCAP licensing but not student affairs. 

 

Best regards,

Sheila Crowe

Montana State University

 

From: The EDUCAUSE CIO Constituent Group Listserv [mailto:CIO@LISTSERV.EDUCAUSE.EDU] On Behalf Of Walter Matystik
Sent: Thursday, May 03, 2012 1:27 PM
To: CIO@LISTSERV.EDUCAUSE.EDU
Subject: Re: [CIO] ASCAP Letter

 

Dave,

 

When we got a similar letter last Fall, I had thought we were licensed but, when I inquired, I discovered that someone in student life had forgotten to process the periodic payment due. Ours went back two years, if I recall, to 2009 and I believe they waived any past charges as long as we paid for the current year. I spoke with someone at ASCAP who said that they were getting more diligent with unpaid license renewals so you may want to first check with whoever on your campus would have been the one responsible for that. I wasn't sure so I called the number listed on the letterhead and they had a name from our last payment made. It was a very accommodating and non-threatening conversation with them. Hope this helps.

 

Best regards,

 

Walt

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