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Posted by phantom limb on Feb-29-2008 04:06:

Small Dance Party--Do I require a license?

Hey All,

I am a DJ hobbyist and plan to DJ a small dance party for some of my friends for their fraternity. The party will held in a public space, which we are renting on the college campus. I plan to just DJ from my laptop with Traktor with a bunch of files ranging from dance, hip-hop, and rock music. I do not own a license of any sort and am curious if I need one in order to play. There are no door fees or charges for the dance. Could you guys please inform me as to what are the legal implications here in the USA? Do I have to get a license with ASCAP or the RIAA or something? I would appreciate your responses. Thank you.


Posted by woscar on Feb-29-2008 04:18:

Re: Small Dance Party--Do I require a license?

quote:
Originally posted by phantom limb
Hey All,

I am a DJ hobbyist and plan to DJ a small dance party for some of my friends for their fraternity. The party will held in a public space, which we are renting on the college campus. I plan to just DJ from my laptop with Traktor with a bunch of files ranging from dance, hip-hop, and rock music. I do not own a license of any sort and am curious if I need one in order to play. There are no door fees or charges for the dance. Could you guys please inform me as to what are the legal implications here in the USA? Do I have to get a license with ASCAP or the RIAA or something? I would appreciate your responses. Thank you.


In short, no.


Posted by phantom limb on Feb-29-2008 05:28:

LOL. Is it really that simple? Jesus, my friends and I were freaking out because we thought we needed a license.


Posted by woscar on Feb-29-2008 05:39:

quote:
Originally posted by phantom limb
LOL. Is it really that simple? Jesus, my friends and I were freaking out because we thought we needed a license.


Yeah, it's really that simple It wouldn't even matter if you were charging people to go to the party or not.


Posted by shaw on Feb-29-2008 10:13:

license? no. additional pylons? yes.


Posted by TaylorR on Feb-29-2008 11:16:

quote:
Originally posted by inconspicuous
additional pylons? yes.


good thinking!
always ran into that problem


Posted by david.michael on Feb-29-2008 15:43:

quote:
Originally posted by TaylorR
good thinking!
always ran into that problem


Not me, but I usually played Terran.


Posted by Zoso on Feb-29-2008 15:51:

Damned Terrans with their siege tanks just out of range of your photon cannons!


Posted by david.michael on Feb-29-2008 15:53:

quote:
Originally posted by Zoso
Damned Terrans with their siege tanks just out of range of your photon cannons!


Yup, that's the way to do it... have a row in front in siege mode, and have a row of tanks move in front of them, take them out of siege mode, move the old line forward, and continue this process until those damned photon cannons were out of the way!

But, I digress...


Posted by Ray_Chappell on Feb-29-2008 21:45:

quote:
Originally posted by phantom limb
LOL. Is it really that simple? Jesus, my friends and I were freaking out because we thought we needed a license.


You are taking legal advice on a city ordinance from someone that states they are from/in Guatemala.

There's no one answer for this. Every city has different ordinances and they are the ones that will cause you trouble.

And yes it does matter if you are charging for admission - do you have a sales tax? Then you may need to be paying it. (I know this from experience as a promoter and was forced to get a tax id, register admission, etc. - although it was bigger than a house party).

If the party is truly in the public - like a public park or something - you may run into trouble. It depends on the crowd, the city, etc. though and someone local would be a much better help. Check with a local promoter.


Posted by Dojomaster26 on Feb-29-2008 22:02:

quote:
Originally posted by Ray_Chappell
You are taking legal advice on a city ordinance from someone that states they are from/in Guatemala.

There's no one answer for this. Every city has different ordinances and they are the ones that will cause you trouble.

And yes it does matter if you are charging for admission - do you have a sales tax? Then you may need to be paying it. (I know this from experience as a promoter and was forced to get a tax id, register admission, etc. - although it was bigger than a house party).

If the party is truly in the public - like a public park or something - you may run into trouble. It depends on the crowd, the city, etc. though and someone local would be a much better help. Check with a local promoter.


tl;dr : Go to your local city hall and find out what the law is. Its better to know if your area has some crazy "RAVE-act" law before you do this event...


Posted by phantom limb on Mar-01-2008 04:32:

quote:
Originally posted by Ray_Chappell
You are taking legal advice on a city ordinance from someone that states they are from/in Guatemala.

There's no one answer for this. Every city has different ordinances and they are the ones that will cause you trouble.

And yes it does matter if you are charging for admission - do you have a sales tax? Then you may need to be paying it. (I know this from experience as a promoter and was forced to get a tax id, register admission, etc. - although it was bigger than a house party).

If the party is truly in the public - like a public park or something - you may run into trouble. It depends on the crowd, the city, etc. though and someone local would be a much better help. Check with a local promoter.


Excellent advice. I will pursue it further with the city. Thank you for taking the time to do this. Very thoughtful on your part.


Posted by phantom limb on Mar-01-2008 04:38:

quote:
Originally posted by Dojomaster26
tl;dr : Go to your local city hall and find out what the law is. Its better to know if your area has some crazy "RAVE-act" law before you do this event...


Actually, I'm in Ohio and I think it has something along those lines of a crazy "Rave act." I will definitely look into it. Thank you.


Posted by elFreak on Mar-01-2008 19:51:

quote:
Originally posted by woscar99
Yeah, it's really that simple It wouldn't even matter if you were charging people to go to the party or not.


false. Clubs need to pay liscense fees to play music. To the Op you should be fine..i doubt the riaa will bust you .


Posted by Dojomaster26 on Mar-01-2008 21:22:

quote:
Originally posted by elFreak
false. Clubs need to pay liscense fees to play music. To the Op you should be fine..i doubt the riaa will bust you .


That's partly why a lot of promoters are working with clubs to hold events, since all of the potential ASCAP and other licensing issues are taken care of through the venue...


Posted by whiskers on Mar-05-2008 20:05:

So who the fuck ever is anal enough to sue a small frathouse for a small party??


Posted by Dojomaster26 on Mar-05-2008 20:38:

quote:
Originally posted by whiskers
So who the fuck ever is anal enough to sue a small frathouse for a small party??


The same organization that tries to sue 6 year olds for using Kazaa

Seriously, ASCAP agents are hired to scope out new venues and bars, and report back if there are any occurances of ASCAP licensed music being played. The owners of the Funky Night Owls (now closed) in Hickory, NC told me that they received a letter from ASCAP stating to "Get a license or pay fines." A week later the venue had a notice declaring agents from the licensing groups as "trespassing" and threatening to prosecute if they enter the venue.


Posted by david.michael on Mar-05-2008 20:40:

quote:
Originally posted by phantom limb
Actually, I'm in Ohio and I think it has something along those lines of a crazy "Rave act." I will definitely look into it. Thank you.


Where in OH are you throwing an event?


Posted by Tony Morello on Mar-05-2008 21:42:

you want to check your local bylaws for a rave act or extended dance event bylaws, then in which case you'll have to adhere to their standards and codes

other than that you should be good to go, normally clubs pay licensing fees to play the music but you should be alright for a small frat party, it's highly doubtful an agent will bother to scope out a party that small, especially if it's a one-off event and not a new club or anything like that where it's going to be a regular thing

it might be a good idea to ask though, most likely when you apply for your liquor license, if there's any licenses needed for music


Posted by Matt Es on Mar-05-2008 22:28:

quote:
Originally posted by phantom limb
Excellent advice. I will pursue it further with the city. Thank you for taking the time to do this. Very thoughtful on your part.


tell us what you find out
i had the same question.
i live in Los Angles


Posted by woscar on Mar-06-2008 05:59:

quote:
Originally posted by Ray_Chappell
You are taking legal advice on a city ordinance from someone that states they are from/in Guatemala.

There's no one answer for this. Every city has different ordinances and they are the ones that will cause you trouble.

And yes it does matter if you are charging for admission - do you have a sales tax? Then you may need to be paying it. (I know this from experience as a promoter and was forced to get a tax id, register admission, etc. - although it was bigger than a house party).

If the party is truly in the public - like a public park or something - you may run into trouble. It depends on the crowd, the city, etc. though and someone local would be a much better help. Check with a local promoter.


Yeah, I'm sure PvD and the likes have a "license" to play in the states. And a different license for every city they play in.

I know about clubs, but small frat parties? Give me a fucking break! You are making the OP worry about nothing, making him waste his precious gas money on trips to City Hall IMO

If you do get busted, I'm sure it will be for hosting a party when/where/how you are not supposed to. THAT'S what the fucking "rave-act" will specify, NOT licensing fees on the music played.


Posted by DJ Z on Mar-08-2008 13:28:

YES YOU DO technically need a license anytime you play music in a public place in the US. but chances are you wont get caught because your event is probably not a major one that would get noticed by industry.

**doesnt matter if it is a free event either - even if youre not making money, you have to get a license to play someone's music publicly

i have done events before - i am not making this up

if it was inside a private residence for friends you would be ok - otherwise you would need a license every time you invited friends over to your house and you have music playing (or in your car!)

if you are planning to go big time & want to be legit, you are usually covered by buying licenses from the big 3: BMI, ASCAP, SESAC ...you pay each of them about $100 per day of your event.

(this assumes your are playing music by artists licensed under those organizations)

have fun!


Posted by DJ Z on Mar-08-2008 13:40:

oh and this applies eveywhere in the US...doesnt matter what city you live in


Posted by Andryuha on Mar-08-2008 18:08:

quote:
Originally posted by phantom limb
Actually, I'm in Ohio and I think it has something along those lines of a crazy "Rave act." I will definitely look into it. Thank you.


Where are you in Ohio?


Posted by DJ Z on Mar-08-2008 19:38:

most of your questions answered here:

http://www.ascap.com/licensing/licensingfaq.html


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