I wrote you a few months ago about the issue of copyright and RPM music. You gave me a person to contact, which I did, but she never got back to me. The issue is that BMI is claiming that our club owes them fees for copyright. We had assumed that the monthly fee paid to Les Mills and the money paid for each instructor to receive the CD for the release included the right to perform the music in the class. Our local Les Mills rep asserts that this is not true; buying the CD is like buying any CD in any store and no more. If that's true, what's the point? Please help.
By the way, our understanding is that BMI is using our state as its initial move to collect fees for RPM and will soon move on to other locations. Please advise.
Here's my take on it from years ago being in my own Fitness business. Les Mills pays BMI (and or ASCAP) fees to copy and sell the music. The instructor/club is responsible to pay BMI (and or ASCAP) a fee for the right to play the music in the class.
From my understanding the Les Mill rep is right. Not only can you be fined for the Les Mills material but any and all music you maybe using if you don't have a "license" to play the music-including CDs and maybe even downloads(don't know much about that-I was an owner before Ipods were popular for teaching). For ASCAP it was (6 years ago) a $10,000.00 fine per occurance-ie how many classes taught a week. I haven't seen a BMI or ASCAP visit take place in quite a long time-I imagine their field agents were busy with downloading infringements from the internet. They can and will shut you down.
I'm not for sure on this,but a lot of times BMI and ASCAP are willing to work for club owners and waive all or part of the fine if the club is willing to pay the yearly fee (which is based on the number of participants that attend classes in a week).