Playing Music From A Computer Or Ipod

[zanzibar]

Is it legal for a bar to play music from mp3 files?

[Casanundra]

Is it legal for a bar to play music from mp3 files?

It depends on which country you are talking.

Let's put it this way, how do the current legal systems handle such things as the use of pirated software, pirated music and prirated movies in Thailand and other Asian countries and do you see anything legally being done about any of the above other than the once a year lip service crack down that we sometimes see?

I think that should help you to answer your question.

[prighas]

Is it legal for a bar to play music from mp3 files?

It depends on which country you are talking.

Let's put it this way, how do the current legal systems handle such things as the use of pirated software, pirated music and prirated movies in Thailand and other Asian countries and do you see anything legally being done about any of the above other than the once a year lip service crack down that we sometimes see?

I think that should help you to answer your question.

OP did not refer to the mp3 files being pirated. I wonder why you are assuming so.

And yes, it should be legal as long as they come from a legitimate source - which is usually hard to verify.

Edited December 29, 2006 by prighas

[Casanundra]

OP did not refer to the mp3 files being pirated. I wonder why you are assuming so.

And yes, it should be legal as long as they come from a legitimate source - which is usually hard to verify.

I was thinking laterally rather than literally.

I mentioned piracy because I think you will find that most musical copyright notices have words to the effect that "public performance and broadcasting is prohibited" under the copyright notice therefore by using the MP3 files in a public forum (such as a bar) it would actually infringe the use of the product therefore technically making it illegal and the same goes for DVD's and real CD's. The fact that no-body in the music industry really cares is because it is a great way to promote their product in a free way but it still doesn't distract from the fact that it infringes the copyright notice that most music CD discs display.

This then puts it very much in the same vain as someone who has pirated the music in the first place and as I tried to point out there is no action for misuse of pirated products in thailand so what makes the OP think that someone will care if he uses musical MP3 files in a public forum or not and if it will be a legal act or not.

Edited December 29, 2006 by Casanundra

[Farma]

There were threads a few months ago where bar owners have been raided and fined for not having the appropriate licences for music.

[zanzibar]

Thanks for the updates on international copyright law and opinions on morality, I appreciate it, but I'm just talking about the reality of the situation in Thailand.

I had a group of plain clothed BiB come into the bar and check out my computer apparently looking for Thai music and porn. After 15 minutes they left seemingly happy with my situation which is playing mp3 files (which may or may not be downloaded illegally) to entertain the customers.

But since then I've heard and read about this not being so legal (the Karaoke bar in Tops supermarket, Pattaya for example).

[steveromagnino]

I was thinking laterally rather than literally.

I mentioned piracy because I think you will find that most musical copyright notices have words to the effect that "public performance and broadcasting is prohibited" under the copyright notice therefore by using the MP3 files in a public forum (such as a bar) it would actually infringe the use of the product therefore technically making it illegal and the same goes for DVD's and real CD's. The fact that no-body in the music industry really cares is because it is a great way to promote their product in a free way but it still doesn't distract from the fact that it infringes the copyright notice that most music CD discs display.

This then puts it very much in the same vain as someone who has pirated the music in the first place and as I tried to point out there is no action for misuse of pirated products in thailand so what makes the OP think that someone will care if he uses musical MP3 files in a public forum or not and if it will be a legal act or not.

oh.....they care. There is an outfit here that goes around chasing up on behalf of the artists; major shopping centres, nightclubs and whatever all pay an annual fee to it is called JV something or rather who represents the artists and they theoretically get a small payment for use of the music. I know, as they've chased up a couple of my retail clients about this.

As regards MP3s in some cases there are MP3s being played that aren't available from the major recording labels; witness the explosion in MP3 based drum and bass DJing; where previuosly it would have been dub plates, and now is shared MP3s. A large number of the CDs played in a nightclub are dubplates/mash ups/remixes that may be illegal in that they use illegal sampling of original artists anyway.

In theory, people should be paying to play the music in a club; in practise....they are only paying in the biggest establishments and shopping centres and whatever; given that the average club is only around a very short period, it is mighty hard to chase them up. Grammy and RS have and do try however, particularly the karaoke places. I think they offer some service to provide decent copies in return for some sort of royalty; in general the RS/Grammy/itunes type business models are dealing in some way with the future when copying will just be a way of life; the major players like Universal and so on trying to flick CDs at 500b/$16USD are not going to be doing that much longer; their way of life is dying/dead.

[monty]

I replied in following post as well...

As long as they don't find Thai music, you'll be OK, but when they find Thai music, you'll need a license from the respective production house to be allowed to play (or even have) that song in your business!