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March/April 2020

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48 / MARCH.APRIL.2020 USICERINKS.COM RINK ISSUES Music Licensing BMI and ASCAP are both not-for- profit organizations in which any artist can seek representation, while SESAC is invitation-only and covers a wide variety of genres. ACEMLA (Association of Composers and Publishers of Latin American Music) is lesser known, but is another PRO that could seek compensation on behalf of their artists for the use of copyrighted music. Commercial License vs. PRO Fees The misconception from many rink managers is that paying the fees associated with these organizations is unnecessary, or covered under a commercial music license program like SiriusXM Business, Spotify, MOOD Media, or Cloud Cover (Muzak). The simple fact remains, that if you play music in your facility for skating sessions in which you charge admission, including freestyle sessions, public skate, family skate, noon skate, or any combination of, you will need to pay these PRO's. On the hockey side of things it's similar. If you are playing music during warm-ups, intermission etc., regardless of admission being charged or not, and regardless whether the ice has been "sold" to a youth hockey association/ adult league/rink-run program, you need to pay the PROs. How They Determine Fees There's a bit of mystery behind how SESAC and ACEMLA calculate their fees. While ASCAP does have a section on their website that specifically addresses ice skating rinks and lists their 2020 rate schedule, completing their online request form for additional information was not responded to. BMI, however, not only lists how they calculate fees along with what those fees actually are, but they also responded to our initial request for additional information and replied to a list of questions and scenarios to better aid in understanding how they operate. Jessica Frost, Executive Director, Industry Relations and Jodie Thomas, Executive Director, Corporate Communications & Media Relations for BMI took the time to answer some questions we had: Q: BMI charges fees based on square footage. What do you define as square footage? The skating surface? The entire facility? Where music will be heard? A: We measure the square footage of the actual ice-skating rink itself to help determine the appropriate licensing fee. Q: What if a facility doesn't charge admission but say just skate rental? A: If there is no admission, then BMI will default to the skate rental fee. Q: If a rink plays music during a men's league hockey game (no admission charged) would they need to pay music licensing fees if this is the only activity their facility is used for? A: Yes, in this case, the facility's licensing fee would be the lowest rate BMI offers ranging from $250-$473 a year, depending on the square footage of the rink. Music and skating go hand in hand. It pumps up the attendees as well as the hockey players and the licensing fees collected go back to the songwriters and composers so they can continue to create the music that we all enjoy. In fact, BMI gives 90 cents of every dollar collected from licensing fees back to its affiliated songwriters, composers and music publishers. Q: Figure Skating Clubs are often independent of a rink; they "buy" ice. Would the Club need to purchase their own music license, or would it fall under the facility's responsibility? A: Since the facility is the one benefitting from the use of its ice and the music being

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