On Hold Recordings-can't I Just Play A Radio On Hold For Clients?

On Hold Recordings, background music, and messages on hold are a critical component to any business marketing strategy. But if you think playing radio on hold is the way to go, you may get yourself into "hot water". This article explains why:

Most importantly, if you play radio you are not using your hold time to your best advantage. When playing radio you need to be aware of licensing fees. Should you wish to play a radio or some other form of non-licensed music, the following applies:

The Law
By statutory definition, since a corporation or other company is a place 'where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered,' (17 U.S.C. SECTION 101) it is a public place for copyright purposes. Whether the performance is by the playing of a CD or tape, by a radio tuned to a particular station, or via music-on-hold (which constitutes a public performance by virtue of its being a transmission to the public), permission must first be obtained in order for the use of that music to be lawful."

The Organization
Songwriters and music publishers are represented by three main companies...Broadcast Music, Inc. (BMI) the American Society of Composers, Authors and Publishers (ASCAP) and the Society of European Stage Authors & Composers (SESAC.) These performing rights organizations, as they are formally known, represent the writers and publishers who own the copyrights.

The Penalties
The law allows copyright owners to receive as damages for infringement between $500 and $20,000 for each work infringed. Moreover, a corporate officer who has the right or ability to supervise the company's music use and who has a direct financial interest in the corporation can be held personally liable for the infringement.

Enforcement
ASCAP, BMI and SESAC employ a small army of people whose sole job is to call businesses and attempt to be placed on-hold. On the first call, violators are offered the opportunity to purchase an annual license for the rights to play a radio on-hold. Violators who refuse to purchase the license are warned that they are in violation of copyright laws, and they must cease the play of the radio on-hold. Users who are caught in violation and refuse to pay license fees are typically called by ASCAP and BMI subsequently to see if they have ceased playing the radio or other non-licensed music source. Violators who are caught, again, may receive substantial monetary court judgments against them. Some judgments attempt to recover previous licensing fees that can go as far back as from the time the business began operating.

Then again, you can really avoid all the hastle of fees and forms and license fees by simply calling an on hold recording company like Image Marketing. We are professional on hold experts that can provide affordable recordings along with the equipment to play them on. Call or visit us online today for more!