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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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I am in a variety act performing a long term engagement at

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I am in a variety act performing a long term engagement at a Las Vegas strip hotel.
I would like to use a CD of Celine Dion singing "The Power of Love" as the music for
my act. Does the hotel's ASCAP/BMI agreement cover me, or do I need an
additional license from Celine's label?

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

This is an interesting question. Generally speaking the shows though held at a hotel or owned by a separate company.

BizIPEsq. :

That company typically leases the theater from the hotel

BizIPEsq. :

therefore to the extent that a music will be use in a commercial context to benefit the company and not the hotel the production company responsible for the show needs to procure its own public performace license.

BizIPEsq. :

It is possible that as a precaution the hotel has a blanket license (which would more expensive) though you would need to confirm this with the hotel's legal counsel

Customer:

This show is owned by the hotel, not a separate company. Acts are booked by the hotel, and the hotel

Customer:

the hotel supervises all aspects of the show which has been running for many years.

BizIPEsq. :

In such a case the hotel's license should cover you

BizIPEsq. :

I would confirm it with hotel's counsel

BizIPEsq. :

I trust this answers your question

Customer:

I know that ASCAP/BMI covers composers royalties, but the original sound recording by the original artist as well?

BizIPEsq. :

it covers playing the recording in public. Ascap then divides the royalties based on the % of rev share between the various parties

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