Purpose

The purpose of this report is to request Council authorization to enter into a License Agreement with the American Society of Composers, Authors and Publishers (ASCAP).

Summary

American Society of Composers, Authors and Publishers (ASCAP), one organization that monitors the use of copyrighted music and collects and distributes royalties for the public performance of copyrighted works, has recently developed a license agreement (�Agreement�) specifically designed for local governments that enables these governments to meet their obligations for the performance of copyrighted materials at sponsored functions.  For the City of Burbank, the Agreement for Local Government Entities would most directly pertain to Starlight Bowl performances, but would include other City-sponsored events as well.

While a license agreement for local governments has not been available before now, it will benefit the City to secure one at this time as ASCAP has agreed to waive potential claims for prior use of copyrighted works, as long as jurisdictions execute a license for the 2003 calendar year.

The Copyright Law of the United States, Title 17 USC, establishes property rights in musical works and grants creators and owners of copyrighted musical works the exclusive right to perform or authorize the performance of their works publicly.  This means that, generally, other parties cannot publicly perform or authorize others to perform copyrighted works without the permission of the copyright owner.  Also, as is the case with other property rights, the owner has the right to be paid for the use of such musical property.

The law requires users to obtain authorization not only for performance by live musicians, but also for performances by mechanical means including videotapes, CDs, tapes, music on hold, karaoke, jukeboxes and radio, and television reception.  Use of musical property without permission can result in awarded minimum damages of $750 per work infringed, as well as attorney and court costs.

As a means for protecting public entities from such infringement penalties, and the administrative burden of securing authorization for each musical work used, ASCAP working in conjunction with the International Municipal Lawyers Association has crafted a license agreement which covers almost all non-dramatic performance on government property and at functions and events at other locations.

The fee for the ASCAP License Agreement for Local Government Entities is based on population and will be $816.00 as a base license fee, plus 1 percent of gross revenue for special events, defined as exceeding $25,000. The term of the license would be for one year beginning January 1, 2003.

Recommendation

Staff recommends that the City Council adopt the following resolution:

 A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING A LICENSE AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP).

go to the top