Apropos of our recent lively discussion about the Television Production Music Museum, here is a link to the Wikipedia article on music licensing:
http://en.wikipedia.org/wiki/Music_LicensingNow for a story about music licensing. Last July at the Game Show Congreff I produced a live performance of Match Game. Of course, no performance of Match Game would be complete without the wanky-wank guitar opening, theme and think cues. I blithely downloaded the Match Game music cues from a well-known web site and arranged them to play back from my laptop computer. Knowing what I know about music licensing I thought to myself, "I'm probably flying under the radar of BMI, ASCAP and the music rights police with my small, one-off, not-for-profit performance of Match Game. The worst that could happen is that an attorney from BMI would show up and bust me, and what are the odds of that happening?". "Murphy" heard this.
During the performance we selected contestants from the assembled audience of about 60. One of the first two contestants was a fellow who came up on stage, and when emcee Randy West interviewed him, he said he was a lawyer. I thought nothing of it. We played the game and he was ultimately defeated. After the performance I went up to him and asked what kind of lawyer he was and whether he was in private practice or worked for a company. "I'm an attorney for BMI" he replied. OMG!!!!! My heart stopped beating for a moment. My worst fear realized!!! BUSTED!!!
I explained to him that my worst fear was that HE would show up with me playing all of those Match Game cues. Well, he couldn't have been more gracious. He told me that what I was doing was perfectly OK. It turns out that I didn't have to worry about music rights so long as the
venue had a license. "The Beverly Garland Hotel probably has a music license, so you're OK" he explained. WHEW! (And I don't mean Jay Wolpert's show).
Luckily there were no Fremantle attorneys in the audience.
The Wikipedia article does not go into compilation CDs or the exchange of music on line. As most of you know there was a big to-do about on-line music file swapping several years ago. I'm no expert, but one difference between game show themes and cues and an Elton John CD is that the latter is intended to be sold to the public at retail. The former is intended for use by television producers in their shows.