Using someone else's music in a performance

[ChristopherT]

That is true that 90 percent of the vast majority of magicians are hobbyists or semi professional, and I do agree with Mr. Rick on this one. Being that I'm (ok, gonna give away my age here, or maybe not) in my 20's would I have to purchase a music license to use popular music in my act? I don't think I could afford the thousands of dollars it would take every month to pay up.

If someone is a professional of Copperfield's caliber or Lance, any of the really big names in the magic industry, then ya, I can see where they can afford a license... but I'm talking about the rest of us, myself included, who are just starting out and frankly... I don't want to be famous like Copperfield. Why because of all the stupid crap that goes with being famous... your privacy out in internet land for all to see and speculate on your life... not something I want... and people want your ching ching... $$ If I'm just getting started in the theatre and I want to use someone else s music in my act how do I go about doing that when I don't have the cash to drop on a license? or was David and others referring to a performer being famous like Copperfield what have you that have a business?

what advice would you as pretty awesome seasoned performers, to someone like myself who wants to use popular music, for some of my stuff, because the music fits what Im doing? if your an amateur, hobbyist semi professional as Mr. Rick states.... do you still need a license... speaking from a 20 somethings point of view.

Age is irrelevant. It's kind of like this: Technically, you should have a license if you're using someone else's music in your performance. However, the reality of the situation is that lots of people who are semi-famous use music that isn't there's or that they don't have the rights to and it doesn't matter. It only matters if someone from the creator of the music or the person/people/company representing the artist decides it matters. Which means they have to know it's happening, and they have to care.

Chances are, it will never matter.

There's a lot of music out there that's available for free as well. Or you could commission something from a musician. Or you could learn to play yourself and create unique music for your magic (like I plan to do.)

[Luis Vega]

Bentley is correct in that the business owner should obtain the license for his establishment, such as bars that bring in cover bands, however, not all business owners are aware of these licenses, and/or choose not to pay for the license. Within the last few years, I have seen an increase in ASCAP and BMI cracking down on businesses that do not have licenses. (I work in the audio industry)

-Calvin

Even know those places are the ones that give the artists a lot of mainstream publicity?

[ChristopherT]

Even know those places are the ones that give the artists a lot of mainstream publicity?

Publicity doesn't put food on the table or pay bills.

[Luis Vega]

Publicity doesn't put food on the table or pay bills.

But it does help the artist to get know among people...I found my favorite group listening music in a cafe..now I have a lot of his discs... of course publicty help put food on the table and pay bills...

[Randy]

But it does help the artist to get know among people...I found my favorite group listening music in a cafe..now I have a lot of his discs... of course publicty help put food on the table and pay bills...

You are correct AND you are also dead wrong.

People can become interested in a band by hearing the song in a club or whatever. But, with today's technology A LOT of people would either torrent the bands work or go to one of many MP3 websites for the song.

Most bands don't make much money from Album/CD sales. They make their money from touring around. (Pretty much everybody knows this.)

[Luis Vega]

You are correct AND you are also dead wrong.

People can become interested in a band by hearing the song in a club or whatever. But, with today's technology A LOT of people would either torrent the bands work or go to one of many MP3 websites for the song.

Most bands don't make much money from Album/CD sales. They make their money from touring around. (Pretty much everybody knows this.)

Of course I am aware of it...I was just telling my case...I NEVER download music for free... so I buy the CD´s of the bands I like (and probably never come to my little town)... c´mon...

But of course... people that are interested by listening their music will come to their concerts... and in the end...they casually hear them ór hear their music in a party where a person put their music..without paying the artist royalties...

[ChristopherT]

But it does help the artist to get know among people...I found my favorite group listening music in a cafe..now I have a lot of his discs... of course publicty help put food on the table and pay bills...

A lot of magicians and other performers have a tendency to fall into the trap of thinking that publicity is a form of payment in and of itself. They do tons of gigs under the premise of, "You won't get paid money, but you'll get lots of publicity!" People knowing who you are doesn't do anything for you, unless the people who know who you are, are also the people who are going to give you money and/or goods. Yes, you do need to get your name out there but you also have to be careful not to have a reputation as someone who works for free.

This also applies to music that's being used in shows and such. Saying that you're getting publicity for the musician who's work you're using in a magic show is an empty thing. Unless you're specifically telling people what music it is (As in, it's on the promotional material and/or announced during the show), they'll probably never know who or what it is, unless it's popular. If it's already popular enough that they know it, you're not helping the band or musician any by using it yourself and in fact, may be kneecapping your own performance because they will have memories and such associated with that music which could be counter-active to your goals with the performance.

If it's not popular enough that the people hearing it don't already know what it is, they probably won't be able to figure it out unless you tell them. Or, well, with smart phones these days they may be able to figure it out with an app like Shazam.

So, what I'm saying is this: Unless you're specifically telling people where to buy the music, you're not giving them any form of publicity that will help them in any real way.

[Bizzaro]

Joanie Spina talked a bit about this at IMX. Almost all theaters and nightclubs etc have to have a license to play music. (Look up Dancehall License) Any music played under that roof is generally covered. Your major headache is going to be TV and the like. Some places will pay for the rights, or you will have to, or they will get someone to make a "close but not so close they can't sue us" version.

I say get some music you have the rights or permission to use as a backup for those situations.

[Bude]

WOW.......This is really very great conversation between all of you.keep going guys and share you knowledge.