City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: November 8, 2005

Subject/Title: Adopt a Resolution approving, and authorizing the City Manager to sign a license agreement with The American Society of Composers, Authors & Publishers (“ASCAP”)

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
It is recommended that to avoid copyright liability, the City of Brentwood adopt a Resolution approving and authorizing the City Manager to sign a license agreement with The American Society of Composers, Authors & Publishers (“ASCAP”).

PREVIOUS ACTION
No previous action. This is a new agreement with one of three performing rights organizations representing music copyright owners.

BACKGROUND
Title 17 of the United States Code (U.S.C.) establishes property rights in musical works and grants their creators and owners the exclusive right to perform, or authorize others to publicly perform, the works (17 U.S.C. §106(4)). In other words, before a third party may publicly perform a copyrighted work, permission must be obtained from the copyright owner. Also, the law provides the copyright owner with the right to be paid for the use of his/her work.

Local governments are subjected to the provisions of Title 17 and may be held liable for infringing on a copyright. In fact, due to the broad definition of “public performance,” municipalities have been targets of infringement actions. Title 17 defines a public performance as one “in a place open to the public or at any place where a substantial number of persons outside of the normal circle of family and its social acquaintances is gathered.” In addition, the law requires municipalities to obtain authorization, for more than just performances by live musicians. For example, “performances” requiring authorization might include: exercise classes, athletic events, parades, city sponsored concerts, festivals and dances. In order to comply with the copyright law the City, in any of the previous examples, would be required to obtain permission from the copyright owners(s) of each song played.

The attached annual agreement permits the City to play or perform music currently licensed by ASCAP. The authorizing resolution allows the City Manager to agree to and execute future one year extensions under the same terms and conditions of the original agreement.

FISCAL IMPACT
The payment of an annual license of $268 will be paid out of the Parks and Recreation budget. Submitting annual reports related to the City’s population and submitting reports following certain City “special events” would also come from the Parks and Recreation department. The license defines a special event as musical events, concerts, shows, festivals and other events of similar duration where the gross revenue exceeds $25,000. Should the City hold a special event as so defined in the Agreement, .01% of the agreement revenues must be paid to ASCAP within ninety days of the event. We currently have no programs that fall into this category.

Attachment:
Resolution
License Agreement – Local Governmental Entities

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN, A LICENSE AGREEMENT WITH THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS & PUBLISHERS (ASCAP).

WHEREAS, the City of Brentwood has been approached by the American Society of Composers, Authors & Publishers (“ASCAP”) to enter into a license agreement for the performance of music at City facilities and for City events; and

WHEREAS, the license agreement shall be for an initial term of one year, commencing September 1, 2005 and continuing thereafter for additional terms of one year each; and

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood hereby approves, and authorizes the City Manager to sign, the agreement with the American Society of Composers, Authors & Publishers, for one year and further authorizes future one-year extensions under the same terms and conditions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 8th day of November 2005, by the following vote:

AYES: Councilmembers
NOES:
ABSENT:
_____________________________
Brian Swisher
Mayor

ATTEST:
__________________________________
Margaret Wimberly, CMC
City Clerk
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov