house concerts and 21st century touring

Can house concerts be considered a “public performance?” And if so, are they subject to licensing fees from ASCAP or BMI?

Citing current copyright laws, Vincent Candilora (Vice President of Licensing at ASCAP) recently spoke with members of Folk Alliance about what is considered “public performance” (i.e. what house concerts should avoid doing). Here is what his words were:

“…To perform or display a work “publicly” means - to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered;

The key words here are “persons outside of a normal circle of a family and its social acquaintances”. That is why you should make house concerts by invitation only — thereby keeping it a gathering of a family’s social aquaintances…

See also: House Concerts and PRO Fees

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Can house concerts be subject to fees from ASCAP, BMI, and SESAC?

This information is edited from a statement negotiated by the Folk Alliance Advocacy Committee, which met with ASCAP & BMI at the National Folk Alliance Conference in February of 2007.

The goals were:
1) To make sure House Concerts are not subject to PRO licensing fees
2) Define what is a House Concert for the purpose above. 
(PRO stands for Performance Rights Organizations, i.e. ASCAP/BMI/etc.)

This discussion hinges on “Public performance” vs. “Private party”. Since the PRO’s have come up with what is a Private Party (basically following Copyright Laws), if house concerts meet these criteria, they can be assured of being considered private for their purposes, and hence no worries of being asked to pay licensing fees. The official wording of what was negotiated and discussed is below. But, basically, it isn’t about whether a presenter has a website, or advertises, etc., but more about HOW you word that website, and your advertising (free advertising in public service announcements is fine, paid is probably not, etc. ).

The PROs indicated that if the following criteria are met, the performance will be considered private and not subject to any public performance license:

1) The event must be held in or on the grounds of a private residence, or at a public venue by invitation only. An example given at the meeting was a wedding or private party held at hotel, which is an establishment that is open to the public, however the event where music is performed is private and only invited guests may attend.
 
2) Any and all advertising should contain language indicating that the event is private and not open to the public.  One example would be to use words such as “by invitation only,” or other words to the same effect.

3) No advance tickets or reservations may be sold.

A house concert presenter who follows these guidelines will be deemed to be presenting private performances in her/his home, and will not run afoul of the PROs.”

If you have additional questions, you may contact Rene at bodiehouse_at_aol.com, or visit Folk.org

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There was a great artist who once said, “I joined CIYH, but haven’t had the time to explore the site.” –Hope Fully Notyou

In this brave new world of music, there are so many opportunities that it can feel overwhelming for artists who book and represent themselves. Sonicbids, TAXI, MySpace, CDBaby, etc…

You joined concertsinyourhome.com because you feel or know that house concerts are a good fit for the music that you do. There’s no better resource than CIYH for people who want to be a part of that community. I want to do my best to help you get the most of your membership.

So here are 5 ways (and why) to get more house concert bookings:

1. Make sure your artist profile (at CIYH) is complete, accurate, and that the content you chose emphasizes what’s great about you in the intimate house concert environment. Most artists just copy their bio from their website. Boring.
Log in here: http://concertsinyourhome.com/artist_resources.html

Why? Because with 12,000 visitors per month, someone will eventually look at you!

2. Make sure you link to concertsinyourhome from your website using one of the banners or text links we have available at http://concertsinyourhome.com/banners.html
This site is turning new people on to hosting concerts (we get 10-15 new hosts per month).

Why? Because one of your fans could become a host, which might give you
a decent chance at a gig.

3. Email your fans regularly (at least 4-6 times per year). Every act has to find a balance between too much and too little communication with their fanbase. Whatever you choose, always include your house concert pitch with a link to our site, so your fans can get a taste (videos, articles) of what the house concert experience is like.

Why? Because people forget. No matter how much they like you, they forget. Most people need to hear something 3-5 times before they’ll take any action.

4. Talk about house concerts often. Whenever you find yourself in conversations about music, performing, or touring, mention house concerts. Talk about how this trend is allowing artists to perform in front of attentive crowds - a situation that is increasingly hard to find in many venues! The fact is, most people don’t know that house concerts exist. We call that UPSIDE POTENTIAL. Ask people to host a concert with you. Ask. Ask. Ask. There’s beauty in it. Ask.

5. Host a concert! Choose an artist you admire, and schedule yourself as the opening act. There’s no better way to show your neighbors and friends how much fun a house concert can be. Your place too small? Host the show in someone else’s home.

Why? Next time, YOU can headline.

Fran Snyder

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