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9.c) ASCAP License Agreement Meeting Date: 12/20/2011 Agenda Item: �j C 1 � ' J City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve license agreement with ASCAP for musical performances at city facilities and events. Deadline/Timeline: Annual license for 2012. Background: • The city received an invoice and agreement from ASCAP (American Society of Composers, Authors and Publishers)to allow performances of their members' works at city facilities and events. The fee for the 20121icense is $309. • The agreement covers any live or recorded music, such as bands or disk jockeys that might that play at events such as Taco Daze or the annual Fireball. • The City Attorney has reviewed the agreement and recommended that the City sign it and pay the license fee. Recommendation: Staffrecommends that the Council approve the agreement with ASCAP. Attachments/ • Letter dated November 8, 2011 from ASCAP Materials provided: . Agreement • Rate Schedule • ASCAP Local Government Fact Sheet • ASCAP Disclosure Statement Contact(s): Michelle McKinney,ASCAP (888) 852-1432 Prepared by: Anne Hurlburt, Administrator (ascap agreement) Page 1 of 1 12/13/11 �e C1��.� ���c;� � I�ECEIVED www . ascap . com NOV 1 4 2011 November 8,2011 CITY OF SCANDIA Ms.Anne Hurlburt City of Scandia,MN City of Scandia,MN 14727 209th St.North Scandia,MN 55073 Dear Ms.Hurlburt: Thank you for discussing the ASCAP License Agreement during our recent conversation. As I mentioned, ASCAP is the world's largest performing rights licensing organization,representing over eight million copyrighted musical works. We have more than 422,607 songwriter and publisher members and agreements with international affiliated societies representing over 100 territories worldwide. Our repertory spans the entire musical spectrum,from Rock to Rap,Country to Broadway,Jazz to Adult Contemporary,Latin,Blues, Techno/Underground,R&B,Pop,Alternative Rock,Christian,Gospel, Symphonic and Concert,World Music,and many others. The advantage of our agreement is that it clears the rights to perform our members'works in a variety of ways commonly used by cities and municipalities: • Festivals, • Parades, • Street Dances, • Recreation centers, • Music on hold,and • Concerts ASCAP and the International Municipal Lawyers Association jointly developed the license,designed to cover public performances of ASCAP music by local governments(such as municipalities,towns and counties). A spirit of goodwill marked the negotiations,with both parties expressing satisfaction that the agreement provides an efficient and affordable method for local governments to comply with the law while recognizing the rights of ASCAP's composers,lyricists and publishers. Additional information regarding this license may be found at the INII.A website(www.imla.or�l. We are also enclosing an informative brochure that explains ASCAP and the agreement. To enter into a license agreement with ASCAP,please sign and return the enclosed agreement together with a completed report form and the full annual fee. Upon receipt,the license will be countersigned with a copy returned for your records. Should you have any questions,please contact me. Sincerely, ���..�-i��._ l ;�; ` ' �rrN � 1 / � Michele McKinney (888)852-1432 ASCAP,PO Box 331608-7515,Nasliville.TN 37203-9998 (Voice) 1-800-505-4052 (Fax)(615)691-7752 mmckinney�iascap.com Enclosures:License,Rate Schedule,Invoice,Enclosure-An ASCAP License,Enclosure-IMLA Fact Sheet,An ASCAP License Is Just Sound Policy,ASCAP Keeps 1'ou in Tune With Copyright Law,Disclosure ASCAP,PO Box 331608-7515,Nashville,TN 37203-9998 (Voice)1-800-505-4052 (Fax)(615)691-7752 mmckinney cu,ascap.com LICENSE AGREEMENT -LOCAL GOVERNMENTAL ENTITIES " ' , between American Society of Composers,Authors and Publishers("SOCIETY"),located at 2 Music Square West,Nashville,TN 37203 and City of Scandia,NIN ("LICENSEE"),located at 14727 209th St.North Scandia MN 55073 as follows: 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the"Premises"and at"Events"and"Functions,"and not elsewhere or otherwise,non-dramatic renditions of the separate musical compositions in the"ASCAP repertory." The performances licensed under this Agreement may be by means of"Live Entertainment"or"Mechanical Music". For purposes of this Agreement, (i) "LICENSEE"shall include the named entity and any of its constituent bodies,departments,agencies or leagues. (ii) "Mechanical Music"means music which is performed at the Premises by means other than by live musicians who are performing at the Premises,including,but not limited to(A)compact disc,audio record or audio tape players (but not including'jukeboxes"),(B)videotape,videodisc or DVD players;(C)the reception and communication at the premises of radio or television transmissions which originate outside the Premises;and which are not exempt under the Copyright Law;or(D)a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment"means music that is performed at the Premises by musicians,singers or other performers. (iv) "Premises"means buildings,hospitals,airports,zoos,museums,athletic facilities,and recreational facilities, including,but not limited to,community centers,parks, swimming pools,and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory"means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies,including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. (vi) "Events"and"Functions"means any activity conducted,sponsored,or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d)below,"Events"and"Functions"shall include,but are not limited to,aerobics and exercise classes,athletic events, dances and other social events,concerts,festivals,arts and crafts fairs,and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events"means musical events,concerts,shows,pageants,sporting events,festivals,competitions,and other events of limited duration presented by LICENSEE for which the"Gross Revenue"of such Special Event exceeds$25,000(as defined in paragraph 4.(d)below). (b) This Agreement shal]be for an initial term of one year,commencing October 15,2011,which shall be considered the effective date of this Agreement,and continuing thereafter for additional terms of one year each. Either pariy may give notice of termination to the other no later than thirty(30)days prior to the end of the initial or any renewal term. If such notice is given,the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement,nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize(i)the broadcasting,telecasting or transmission or retransmission by wire,Internet,website or otherwise,of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises,other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and(ii)performances by means of background music(such as Mzuak)or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing,videoconferencing or similar technology. (c) This license is limited to non-dramatic performances,and does not authorize any dramatic performances.For purposes of this agreement,a dramatic performance shall include,but not be limited to,the following: (i) performance of a"dramatico-musical work"(as hereinafter defined)in its entirety; (ii) performance of one or more musical compositions from a"dramatico-musical work(as hereinafter defined) accompanied by dialogue,pantomime,dance,stage action,or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot,whether accompanied or unaccompanied by dialogue,pantomime,dance,stage action,or visual representation; (iv) performance of a concert version of a"dramatico-musical work"(as hereinafter defined). The term"dramatico-musical work"as used in this Agreement,shall include,but not be limited to,a musical comedy,opera,play with music,revue,or ballet. (d) This license does not authorize performances: (i) at any convention,exposition,trade show,conference,congress,industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE,is presented entirely on LICENSEE'S Premises,and is not open to the general public; (ii) by or at colleges and universities; (iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICEI`TSEE; (v) by any symphony or community orchestra; (vi) by means of a coin operated phonorecord player(jukebox)for which a license is otherwise available from the Jukebox License Office. 3. License Fee (a) In consideration of the license granted herein,LICENSEE agrees to pay ASCAP a license fee which includes the total of the "Base License Fee"and any applicable"Special Events License Fees",all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) "Base License Fee"means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE's population as established in the most recent published U.S.Census data. It does not include any fees due for Special Events. (ii) "Special Events License Fees"mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or counry leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality,county or other local government entity represented b�� the league or association. Schedule C fees are not applicable to municipal,county or other local government entities. Unless otherwise limited by law,LICENSEE shall pay a finance charge of 1.5%per month from the due date,or the ma�cimum amount permitted by law,whichever is less,on any required payment that it is not made within thirty days of its due date. 4. Reports and Payments (a) Upon the execution of this Agreement,LICENSEE shall submit: (i) a report stating LICENSEE's population based on the most recent published U.S.Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement;and(ii)a report containing the information set forth in paragraph 4.(d)below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Events that were presented between the effective date of this Agreement and tl�e execution of this Agreement shall be payable upon the execution of this Agreement. (c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewal date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event,LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating: (i) the date presented; (ii) the name of the attraction(s)appearing; (iii) the"Gross Revenue"of the event."Gross Revenue"means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets,"Gross Revenue"shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event; (iv) the license fee due for each Special Event. (e) If LICENSEE presents,sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement,LICENSEE shall indicate the name,address,phone number and ASCAP account number of the other person(s)or entity(ies)and the party responsible for payment for such Special Event. If the other party is not licensed by ASCAP,LICENSEE shall pay the license fee due hereunder,notwithstanding any agreement to the contrary between LICENSEE and the other party. (fl LICENSEE agrees to furnish to ASCAP, where available,copies of all programs of musical works performed,which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereo£ The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not been otherwise prepared. (g) ASCAP shall have the right to examine LICENSEE'S books and records at LICENSEE's place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d)above. ASCAP shall have the right to adjust LICENSEE's Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department. 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained,ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default,and in the event that such breach or default has not been cured within said thirty days,this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination,ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with,or substantial increase in the cost of,ASCAP's operations as the result of any law in the state,territory,dependency,possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. ln the event of such termination,ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance. 7. Non-Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non-discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP,which are required by local,state or federal law for other municipalities,counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of eyual employment opportunity or nondiscrimination on the basis of race,creed,color,sex or national origin. S. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail,by generally recognized same-day or overnight delivery service or by electronic transmission(i.e.,Mailgram,facsimile or similar transmission)to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information,such as change of address,change of person/office responsible,etc. within 30 days of such change. AMEWCAN SOCIETY OF COMPOSERS, LICENSEE City of Scandia,MN AUTHORS AND PUBLISHERS By TITLE By (Fill in capacity in which signed: (a} If corporation,state corporate office held; (b) If partnership,write word "partner" under signature of signing partner; (c)If individual owner,write"individual owner" under signature.) I 4360049646 � �,� LOCAL GOVERNMENT ENTITIES A s �A r� 2011 Rate Schedu/e SCHEDULE A: Base License Fee Population Size Base License Fee 1 to 50 000 $309.00 50,001 to 75 000 $615.00 75,001 to 100 000 $740.00 100,001 to 125 000 $986.00 125,001 to 150,000 $1,233.00 150,001 to 200,000 $1,603.00 200 001 to 250 000 $1,972.00 250,001 to 300,000 $2,343.00 300,001 to 350 000 $2,713.00 350,001 to 400 000 $3,083.00 400,001 to 450 000 $3,452.00 450,001 to 500,000 $3,823.00 500,001 and over *""$4,685.00 ""` $4,685.00 plus$500 for each 100,000 of population above 500,000 to a maximum fee of$61,652 SCHEDULE B: Special Events The rate for Special Events shall be 1% of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds$25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C: State Municipal andlor Countv Leaaues or State Associations of Attornevs The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal andlor county attorneys shall be $309. License Fee for Year 2012 and Thereafter For each calendar year commencing 2012, all dollar figures set forth in Schedules A, B and C above (except for$500 add-on for populations of 500,001 or more)shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index -All Urban Consumers(CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP,PO Box331608 7515,Nashvi]]e,TN 37203-99981-800-505-4052615-691-7795 (FAX)Epayment I Websites: http:llwww.ascap.com/gls_web or http://www.ascap.com ( L� J .'._,_^- - ,^.sc,�p �oc�� �ov��;�n���i �=r,c► s�=`� �Bf1aT1i di�1CnCISn: ') Cai77Df?hensive Aar==m�R'�- 1 annual ia� �. �f�4I� T'aDdii � - Covers almost any municinai acuvi"ry - RnRI�V�S QDi�niial f�abiiiry - Automaiicaily covers additional us�s without �xtra f�slr��ort�"'" - Ch�ap— cosf fess than individual rates * �i�foni"toring or Track'tng only of ev�nts wiin gross rev�nu� in pxce�s of �25,OD0.00 Wha�'s Co�ere�: 1.1 All Go�emmAnt Owned Buildines & Proo�rtv Exampies: - Background Music in Municipal Suiidinas - AirpoRs - iViusic Gn Hold in Municipal Buiidings - Museums - cmploy� Funciions, paRi�s - ic� & Railer Rinks - Ci'Ty Buses &Trains - Skaie parks - Libraries - Zoos &�Aquariums - Swimming Poois (Water Aerobics) - Hespi�als - Municipaf owned shop.s - Carousels - S=nior Center Dances &.C}a�s�s - Pubfic Parks - Goff &Tennis CsniarSnack Ears . - CommunitylRecr�ation Center Aciivit��s (Dances, classes) - Arena & Conv�niian•Cent�r (when not "r�nted out" to otn�rs) ?.l AEso cov�rs events soansored bv or ores�nt?d solelv bv rnuniciaalin�: Examplss: -Arts � Ccafts Fairs - Parades . - Festiva!s - Concerts - First Nigh#ll��w Y�ars C�l�brauons - Camival� - - Amateur Athieiic L�agu�s - Ci'ry Sponsored Convsniions - Nan-rxempt ef�m�ntary � seconcary school peRorrr�ancss Res�rictio�r:s/Alor Covered: E�amplas: - Coin-�peraied Jukeboxes - P�Rormanc�s by ar a� Coliea�s � Univ��SitlnS - P�riormanc�s ai any pro�e�sional spoRs event/cam� - Themz &Amusemsn� Parks y � - Communi�y or Sympnony Orch��'[i 25 - Conv�ntions pr�s�niad by ou:sid� �niiii�s � - Brcadc?st radio ar T1/, Caofe, 5ai�(fit� ar internet (exc�pt cfQsed circui�) ASCAP DISCLOSURE STATEMENT This is notice that, in compliance with Minn. S.A. §325E.51: (1) The performing rights license agreement you have been offered by the American Society of Composers, Authors and Publishers (ASCAP) contains a schedule of the rates and terms of royalties under that contract; (2) Upon your request, you have the opportunity to review the most current available list of the members of ASCAP; and (3) ASCAP will make available, upon your written request, and at your sole expense, the most current available listing of the copyrighted musical works in the ASCAP repertory. You may obtain gratis the most current available list of ASCAP's members by written request to ASCAP. PO Box 331608-7515,Nashville, TN 37203-9998, Attention: John Johnson. Information about ASCAP's members and the musical works in the ASCAP repertory can be obtained in a variety of ways. Separate databases of works that have been registered with ASCAP since January 1. 1991, or identified in ASCAP's surveys of performed works since January 1, 1978, are available online at the ASCAP Web Site, www.ascap.com (access the "ACE Database of Musical Titles" to determine whether particular songwriters or specific songs are in the ASCAP repertory). Data similar to that contained in the ACE Database is also available on DVD-ROM and is available free of charge by written request to ASCAP, One Lincoln Plaza, New York,NY 10023, attn: Director of Repertory. More comprehensive records of the titles, dates of U.S. Copyright registration (if any), writers and current publishers or other copyright owners of all known works in the ASCAP repertory are available for public inspection at ASCAP's New York office during regular business hours. A printed current list of ASCAP members can be obtained gratis by written request to ASCAP, PO Box 331608-7515,Nashville, TN 37203-9998, attn: John Johnson. A computer-generated listing of copyrighted musical works in the ASCAP repertory may also be obtained by written request addressed to Mr. Johnson at a cost of$2200.00 plus shipping and handling (the listing is over 10,000 pages in length). You can also call or write to us for information as to specific works: (800) 95-ASCAP; or, at our New York address, attn: Repertory Dept. -- Clearance Section. A tocal Government Needs A SCAP and the lnternational License to Play Nlusic 1Vlvnicipal Lavvyers Association Some Copyright Law Basics:The Constitution authorizes Congress'to Promote How Do You ObTain a License7 It is impossible tor copyright owners to know of every conceivable the Progress of Science and the Useful Arfs'by granting exclusive rights to authors. use or performance of their works, and it would also be difficult for users of music to locate all ihe This insures thai creators can earn a living from their work and provides incentive for copyright owners and negotiate licenses for all of ihe works that might be used.So, composers and the creation of more works.The Copyright Law of the United States,Title 17 USC, publishers of musical works authorize collective licensing organizations like ASCAP to locate and establishes properiy righis in musical works and granis creators and owners of copy- license public pertormances of their works.ASCAP,ihe American Sociely of Composers,Authors and righted musical works the exclusive right to pertorm or authorize ihe performance of Publishers, makes giving and obtaining permission to pertorm music simple, providing a valuable iheir works publicly(17 U.S.C. 106(4)).This means ihat,generally, other parties service to businesses and�creators alike.ASCAP is the largest pertorming rights organization in ihe cannot publicly perform or authorize others to perform copyrighted works without the world, made up entirely of composers, songwriters and publishers. permission of the copyright owner.Also,as the case with other property rights,the "� owner nas me right ro be paid tor me use of his property. Why Should You Obtain the ASCAP License Agreement for local Governments��ocai ±4 governments have obtained many different licenses from ASCAP for decades, but IMLA and ASCAP found ihe current licensing system was burdensome and left local governments vulnerable. Under the WhOT IS a PubllC Pe�fol'mance�The Copyright Law defines a public performance i old system,each potential use of music(and you can see from this brochure there are many.)needed as one"in a place open to ihe public or at any place where a substantial number to be identified and separately licensed. One local government might have many differeni licenses each of persons outside of a normal circle of a family and its social acquaintances is gath- with differenT reporting and payment requirements,fee siructures, levels and types of coverage, and ered.'Performances hansmitted or otherwise communicated by means of any device effective dates.And mere may be significant gaps in coverage raising the potential for copyright or process(for example via broadcast,telephone wire, or other means)to the public infringement liabilily. are also public performances(17 U.S.C. 101).The law requires users to obtain auihor- ization not only forpertormances by live musicians, but also for performances by Whaf A�e the Benefits of fhe AgreemenfZ The ASCAP License Agreement for Municipalities and mechanical means including DVD's,CD's,tapes, music on hold, karaoke,jukeboxes GovernmenTal Eniities—the product of negotiation beiween IMLA and ASCAP—provides simple,fast, and radio and N reception. comprehensive and affordable access To every variety of music you need to attract, enteriain,enlighten and educate your citizens and visitors. What Happens If You Play Copyrighted Music Withouf Permission� If you choose to use someone's musical properfy withouT permission,the law provides • Access to, and the right to perform, any or all of the more than 8 million works of the more than that a court can assess damages from$75010$30,000 for each work infringed, 300,000 ASCAP composer, lyricist,songwriter and publisher members and ihe reperiories of require you to pay fhe copyright owners'attorney's fees and court costs,and enter an nearly 80 affiliated societies worldwide. injunction against you. • Immediate access to contemporary music as soon as it is written or published...At no addi- Why Are You Responsible for Obtaining a LicenseZ under the iaw, owners or tional cost! � operators of facilities or presenters of concerfs and other events are responsible for � • Saves ihe time, expense, paperwork and trouble of contacting and pertormances on iheir premises.Technically,everyone who participates in an infring- negotiating separate permission for each musical work that may be ing performance is liable and copyright owners can sue ihe event presenter or owner performed during the year. � of an establishment as well as ihe members of the band or the disc jockey who actu- � � '"'�_____ ally gave the unauthorized pertormance. 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Arts �il" �S al S • a SCAPs repertory inciudes pop, rock, alternative, country, R&B, rap, hip-hop, -- '� + Latin, film music,television music, folk, roots, blues, )azz, reggae, gospel. contemporary r� �` �. .� `. ` ChTistian, new age,theater,cabaret,dance, electronic,symphonic, chamber,choral,band, �FI St� HI �'� nd e �;S ri e 1'a OIIS • FI e OCk$ conceA,educatfonal and children's music—the entire musical s pectrum. '� 9 a � � 'i Y � ,� , � . ASCAP is home to the greatesf names in American music, past and presenL as well as C rVa � �P���$ • m(nunit e e thausands of writ¢rs In fhe earlier stages of fheir careers. ASCAP members include , Inring Bertin, Stevie Wonder, Bruce Springsteen.Green Day, Leonard Bernstein, Madonna, �� � _ ,, ' Wynfon Marsulis. Stephen Sondhelm, Jay 2, Mary J. Blige, Mlchael W. Smith, Duke ` �' ' ;,� � Ellington, Rodg¢rs and Ftammersteie, Btg & Rich, Marc Anthony, the Dixie Chicks, Dave � � ic asses'�'�G$ and enn�s Centers M�he,�s, Michaei Gioschino,Alicia Keys, Henry Mancini-�usi to nome a few. ,d'. ,� Y+�' A ^;:J. '_�i� � jA � � -.♦ � , � �< . . �'�` � �; t" t � �; ,�.��� ` Among the wotks in fhe ASCAP reperrory ure: "Appatochtan Spring." "Purple Haze," ` �`��^� �{� ���a`"�� '� "Boutevard o?Sroken Dreams," "Ain'f No Mountafn Hfgh Ertough," "How Do I Live," "Oh Snac r ; . . .� � � � P. � :Recr.ea��on�Facili e •��Mus ��B� �._ �,. „� �� �� r ,�,., � r �t , •, . .I � ,. _. ' a p : utifiW, i SweIIr, A Nigflt in Tunista. Moon River. Crary. Jusi tAe � ` � � � �� `= ` apy►�Y �, Sitot ttre Shefiff." 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C r� �C CD � � ►-� •,,,,��• � v � e�-r � v ^ .; n Y� � � r � eC � ~� � � � � � � O c� � �C � � � r 2• � � � � � � � � � '� � ;,Q p' �'' � �. `'' �—�*'i C ti � � � � �' �� o � a c�c � � � .... c,c < <,- ►y ✓ ;Q ,-�+ �D ,.� C �' �' ►-�• � � 1 � �v v � � � ..�•. � e-r � � � � � ti *-• "� � c� � O c� �" � ,� ►� =-s M, � �. � O :Q v � � �C p �' p � `p � � �� � n � e,,,.,�D �p' �' ,.,. �, � � �� � � t"�'�'D � � O c-r O ...+ .s� t0 .a •. � •-s . What is a copyright? How is the licensing fee determined? How do i know what writers and ' ASCAP–WHICH LICENSFS PERFORMANCE A copyright is property owned by a person or group of The rate for your business is based on a number of songs you represent? � RIGHTS ON BEHALF OF MEMBERS, people. Books, records, movies, computer sofCware and music objective factors established for similarly situated licensees. If you would like information on our members or �' � are all copyrighted works. This means that ou can be assured that businesses which use r erto , lease write us at lease write us at ASCAP, �COLLECTS LICENSE FEES AND DISTRIBUTES music in the same way you do,puy the same fee. Factors mi ht P0. Box 331608-7515� Nashville, TN37203-9998, RQYALTIFS—COLJLD HAVE CHANGED THE include the size of the audience, admission cost>fre uenry of or call toll free 1-800-505-4052. You can also STEPHEN FOSTER STORY. Why do businesses and organizations perf'ormance and whether the music is live or mec�anical. electronically access ASCAP'S database of songs online � need to be licensed to play music? at www.ascap.com (click on `ACE/Repertory Search'). li Toddy's songwriters anar publishers owe thetr Music is like all personal property—when you want to borrow it om someone ou must ask ermission.All ublic livelihoods to ASCAP and the 300,000 plus .� y p p What are the benefits of the ASCAP performances, even most non profit ones, must be licensed a businesses and orgdnizations who are licensed to (with a few exceptions, such as performances in the course Iicense. Althou h ou can obtain ermission directl om the use their music. Over 86% of those licensing fees of a religaous service at a place of worship, or face-to face g y p y� teachin in non- ro t educational institutions . copyright owner, it is generally less e.xpensive and more are distributed to the creators a nd owners o the g Pfi � i nt to obtazn it throu h ASCAI' Besides tvan conven e f S S S music, which allows them to keep writing dnd you the right to perform all of the works in our repertory, com osin . What is a `�11lIf1�1C" performance? as often as you like, an ASCAP license saves you the p g According to the copyraght law, a public paperwork, trouble and expense of locating numerous Because businesses use the music in dif ferent performance occurs at any place o en to the public, wrsters and publishers to negotiate separate licenses for ways—fi'om ,�itzzercize music to telephone on- or where a substantial number o�ersons (outside the their works.ASCAP is a one-stop supplier for you,gaving hold—there is no single license structure that normal circle of fumily and frien ) is gathered. �`"� you access to millions of musical works . covers every application. In fact, ASCAP has _ of every kind,from adl over the � world with works being added worked with various types of businesses and other poes my ASCAP license cover euer]i to our repertory from the .. organizations to create over 1 DO differentASCAP music copyr�ght? moment�of conceptaon ,::: .... ASCAP r resents over 400,000 writers, composers and at no additzonal .;�•• licenses to cover ours eca c musical uses. •.;,��' ,Y p ,� publishers in t e U.S. alone, and tens of thousands more from all cost to you. ..,,}. If you re not sure about your responsibilities over the world. Our repertory contains mare than �s:%''`.• according to the copyright law, or if you re not 8.5 million copyrighted works, and that number � ��R�, increases daily.Although ASCAP is the oldest 1 bought the record. Didn t the purchase , sure whether you need a performing rights and largest performing rights organization in price include the right to play it in pubiic? license, please don't hesitate to contact our the world, not all copyright owners are A copyright owner enjoys several different rights, including represented by ASCAI.' the rz ht to make and distribute recordings, as well as the � Gener�zl Licensing Department at � g (800 0 -�0 2. A �ist o the right to perform the work. The right to play a song publicly is � �5 S 5 f � What does my not included with your CD purchase. The price covers only questions we're most often asked is � your personal enjoyment of the music. You must have license couer? ermassion to use d work ublicl � included here for your review. p P .Y Depending on the type of business, You can also visit our website your license might cover nondramatic What happens it i use ASCAP music at www.ascap.com for F -:� performances ltve musicians, videotape, without permission? �:- � ' large screen te�visions, multiple screen If you choose to use another's property without additzonal informdtton. � _ televisions, CD/DVD players, record or permission, a court can assess damages,generally ranging tape players, radio over loudsp eaker from a minimum of$750 to$30,000 for each son ^ � systems and telephone on-hold music. `infringed,"and can reguire you to pay attorney's,fe�es and court costs. As an ASCAP customer ou are entitled to use an � �y y �, Y - of the music we represent. �� �� _�_ , ,� Musical Performance Ri hts and Wrongs g By Edward Cadman usic is everywhere.We hear as a disk jockey) play musical recordings (3) either there is no admission charge music in parks,in restaurants at festivals or community celebrations or the admission charge proceeds are and bars,and over the phone in a city park.Or the music might be donated to a tax-exempt organization. while we sit on hold.And played in the municipal liquor store.In Since everyone involved must be an wherever it is,someone is usu- any case,playing recorded music cov- uncompensated volunteer,it's rare that ally supposed to be paying for ered by copyright constitutes a public� cities meet this exemption. it.Sometimes that obligation performance for which the city could There is also an exemprion for any falls on a ciry,even if that city be held liable unless it has a license or performances that occur in the course didn't present the music or the city had permission from either the copyright of an annual agricultural or horticultural no say in the selections played. owner or the appropriate performing fair or exhibition conducted by a gov- Copyright basits.Among other rights rights society. ernmental body.This exemprion is gen- under federal law,a song's copyright The same is true for music provided erally only used by state or county fairs. owner has the exclusive right to autho- by live performers.Case after case dem- A more likely exemption for a city rize a public performance of the song. onstrates that proprietors of concert relates to the use of radio or televi- The law defines a public performance facilities can be held liable for infringing sion broadcast in a municipal liquor of music as any performance"at a acrions of individuals performing live store.Under U.S.Code,Title 17,sec- place open to the public or at any place music.This has been held true whether tion 110(5),a drinking,food service, where a substantial number of persons the musicians are employees or indepen- or other establishment within certain outside a normal circle of a family and dent contractors,and whether or not the square footages,or using certain con- its social acquaintances is gathered." proprietor has knowledge of the compo- figurations of speakers,may transnut or A public performance also happens, sitions to be played or any control over retransmit a radio or television broad- according to the law,when someone the selection of compositions. cast from a Federal Communications communicates or transmits that perfor- Another common way cities provide Commission-authorized station with- mance to a place or to the public. music is by amplifying music broad- out obtaining a license.Cities should Because music is everywhere,this is casted over the radio.This is an eco- consult the statute to determine if this the most important right bestowed by nomical way to provide music during exemption applies. the U.S.Copyright Act in that it typi- a festival,in a municipal liquor store,or An inexpensive,hassle free solution. cally provides the single largest source as part of a city's recreation programs, Unless exemptions cover its public of income for the copyright owner. such as in a skating rink.Far the most pedormances of music,the city should Most often the collection of the money, part,publicly providing radio broadcasts obtain a license.The best option is likely or royalties,is by the American Society of music is also a public performance a blanket license for its facilities.And of Composers,Authors and Publish- requiring the city to obtain a license. thanks in part to the efforts of the Inter- ers (ASCAP) or by Broadcast Music A less obvious public performance national Municipal Lawyers Association Incorporated (BMI),two"perform- of music subject to licensing is music (IMLA),cities can quickly and cheaply ing rights societies"that license public played for callers placed on hold.And obtain blanket licenses that will autho- performances and transmit royalties to more recently,the performing rights rize virtually all of the public perfor- the copyright owners.These compa- societies have asserted podcasts—web- mances a city may present. nies grant"blanket"licenses to autho- based audio broadcasts—that contain For blanket license information for rize virtually all nondramatic public music are also public performances. bothASCAP and BMI,visit the 1MLA performances of live or recorded music Exemptions from licensing. It's also website at www imla.org;click on that an entity may provide to the public possible that a city's uses of music are "Programs"and then"Music Licensing:' throughout a year.With such a license,a so limited that no licensing is necessary. With a little efEort,cities can keep city avoids the risk of statutory fines of There is an exemption from licens- music to their ears from being a pain at least$750 per song infringement. ing requirements for public perfor- in the neck.� Common uses of music requiring a mances that are not broadcasted if(1) license.It's important for cities to know there is no purpose of direct or indi- when a use of music constitutes a pub- rect coinmercial advantage;(2) there is Edward Cadman is a research attorney lic performance.Sometimes cities have no payment or compensation for any with the I.eague of Minnesota Cities.Pl2one: staf�or an independent contractor(such performer,promoter,or organizer;and (651)281-9229.E-mail:ecadman@lmc.org. NOVHMBGR-DCCEMIILR ?.009 MINNLSO'TA CITIES � 9 Meeting Date: 12/20/2011 Agenda Item: � a/� City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Appoint representatives to the Forest Lake Cable Commission. Deadline/Timeline: Terms of the city's current representatives expire December 31, 2011. Background: • The agreement creating the Forest Lake Cable Commission requires each of the 3 participating cities (Scandia, Forest Lake and Columbus) to appoint (by resolution)two directors to the joint powers board. One must be an elected official,the other a citizen representative. • Mayor Randall Simonson and Administrator Anne Hurlburt currently represent Scandia on the board. Recommendation: The Council should adopt the resolution making appointments to the Board. Mayor Simonson is willing to be reappointed as the Council representative. I am willing to be reappointed as the citizen member if no other citizens are available or interested in the appointment. Attachments/ • Draft Resolution No. 12-20-11-03 Materials provided: Contact(s): Prepared by: Anne Hurlburt, Administrator (cable commission appointments) Page 1 of 1 12/14/11 CITY OF SCANDIA RESOLUTION NO. 12-20-11-03 APPOINTING DIRECTORS TO THE FOREST LAKE CABLE COMMISSION WHEREAS, the City of Scandia is party to a joint and cooperative agreement with the municipalities of Forest Lake and Columbus governing the establishment of the Forest Lake Cable Communications Commission; and WHEREAS, the purpose of the agreement is to establish an organization to monitor the operations and activities of cable communications and related communications matters, provide coordination of administration, enforcement and renewal of the franchises of the members, and to conduct such other activities as may be necessary to protect the interest of the members and its citizens with respect to the deliver of cable communications and related communications matters; and; WHEREAS, the City of Scandia is entitled to appoint two Directors to represent Scandia on the Commission, one of whom shall be a City Council member; and WHEREAS,the terms of Scandia's two representatives expire on December 31, 2011; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does appoint Mayor Randall Simonson as Scandia's elected official representative, and City Administrator Anne Hurlburt as Scandia's citizen representative, to serve as Directors for terms expiring on December 31, 2013. Adopted by the Scandia City Council this 20th day of December, 2011. Randall Simonson, Mayor ATTEST: Anne Hurlburt, Administrator/Clerk Meeting Date: 12/20/2011 Agenda Item: �' �`� / City Council Agenda Report City of Scandia 14727 209`h St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Confirm appointment of Bradley LeTourneau to the position of Maintenance Superintendent. Deadline/Timeline: Proposed starting date: January 23, 2012 Background: • At its December 13 meeting, the City Council voted to offer the Maintenance Superintendent position to Bradley LeTourneau with the condition that he successfully completes the required drug and alcohol screening and physical examination. • He was offered an annual salary of$65,000 and Paid Time Off (PTO) as stated in the personnel policy, with the exception that accrual of PTO would be increased from 16.5 days per year to 21 days per year on his one-year employment anniversary. • He has accepted the position. Results of the required testing should be available by the time of the December 20 Council meeting. Upon Council action confirming the appointment, he will tender his notice to his current employer, the City of Blaine. Recommendation: I recommend that the Council confirm the appointment of Bradley LeTourneau to the position of Maintenance Superintendent effective January 23, 2012 at a salary of$65,000 and other benefits consistent with the Personnel Policy, with the exception of PTO as described above. Attachments/ • None Materials provided: Contact(s): Brad LeTourneau, (763) 753-3740 Prepared by: Anne Hurlburt, Administrator (Maint Sup Appointment) Page 1 of 1 12/16/11 Meeting Date: 12/20/2011 Agenda Item: � �� City Council Agenda Report City of Scandia 14727 209�' St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Approve an extension of the contract with Washington County for operation and maintenance of the 201 collector system. Deadline/Timeline: Current 2-year contract expires at the end of December, 2011. Background: • The county has offered the city a new, 2-year contract for operation of the sewer system. The proposed new agreement included unacceptable changes to the indemnity language that would relieve the county of all liability for its own acts regarding the contract. • We have been working with the county and the insurers for both parties to revise this paragraph. It appears that a solution is imminent, but the revised contract language will not be available in time to have a new agreement approved before the current one expires. • The proposed amendment to the contract will extend it by two months (until February 29, 2012)by which time we should be able to finalize a new agreement. Recommendation: The Council should approve the amendment extending the contract. Attachments/ . . Community Wastewater Treatment System Operation and Materials provided: Maintenance Agreement Amendment Contact(s): Prepared by: Anne Hurlburt, Administrator (201 Wastewater System Contract Extension) Page 1 of 1 12/15/11 Community Wastewater Treatment System Operation and Maintenance Agreement Amendment Contract #5566 This Amendment is entered into by and between Washington County (County) and the City of Scandia (City) in order to amend contract#5566,hereinafter Agreement as follows: TERM: The Parties are exercising the option to renew the Agreement for two months effective until February 29, 2012 or until a new agreement is signed. Unless specifically amended herein all other terms and conditions of Contract #5566 and amendments thereto shall remain in full force and effect. IN WHTNESS WHEREOF, the parties have executed this agreement on the date noted below. For the City of Scandia For the County of Washington Mayor Lowell Johnson, Director Public Health& Environment Date Date Approved as to Form City Clerk Date Assistant Washington County Attorney 1