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Second Line Band Contract

bezelpupbezelpup member
First Anniversary First Comment
in Louisiana-New Orleans
Just got the contract for my ceremony/second line band and I'm reading it over. There is an item
"PURCHASER acknowledges that some of its events may require the use of live or recorded music protected by U.S. copyright laws. PURCHASER shall be responsible for obtaining the proper licenses from any or all of ASCAP, BMI, or SESAC."

Is this a normal part of the contract? Is it anything to worry about?
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Re: Second Line Band Contract

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    bezelpupbezelpup member
    First Anniversary First Comment
    Ok, I'm assuming that if any brides got slapped with a lawsuit over royalties we would have heard from them by now. It's pretty clear that weddings are exempt private events but once the music is out in the street I'm not as sure.
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    haleyjackson09haleyjackson09
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    There's no "wedding" exemption to copyright law. Whenever copyrighted music is played in public, someone has to pay a licensing fee or get permission. Usually, that falls on the venue though the band can also be liable. If no one has paid for a license or gotten permission, the owner of the copyright can sue (which really means ASCAP, BMI, and SESAC- the folks who collect the royalties for their members.)

    That said, this is New Orleans. The whole city is about music and everyone plays everyone else's music. I can't back this up, but I doubt very many people try to enforce their copyrights against Second Line Bands. My feeling is that likelihood of this becoming a problem for you is  very, very low if they are playing local music.

    But really, this is something that the band (or their manager or agent or someone who handles their business) should be very familiar with. Talk to them about it. Someone has probably already paid the annual fee to cover whatever they are doing. But if you aren't comfortable, ask them to take that part of the contract out.

    I also feel like I should say: I'm no lawyer so don't go on my advice. I just know a bit about this. There's plenty of info out there even if you just do a quick Google search. 
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    bezelpupbezelpup member
    First Anniversary First Comment

    “ASCAP does not license DJs. It is the venue, establishment, or promoter of an event that is responsible for public performance licensing, not the performer. Private events such as weddings, etc. are exempt from licensing.”
    - Bryn Caryl, ASCAP

    “BMI licenses the “public performance” of music… events such as private parties and weddings are not required to have a license.”
    - Jaqui Garlan, BMI

    “Royalty fees are not collected for private performances.”
    - David Derryberry, SESAC


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    bezelpupbezelpup member
    First Anniversary First Comment
    edited December 2012
    But once the music moves out to the street for the second line, the venue isn't responsible anymore.

    The band's booking agent will gladly help me get the necessary licenses, for a fee of course!

    But I'm not going to worry about it, I would think that if there was an issue, other people would have dealt with it before.
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