Forums: Discussions for entrepreneurs and small business.

I was wondering.. how far do copyright issues go?

I was talking to my son about how he could make money doing what he loved.. (( Hes 11, but Im planting the entrepreneur seed early )) and he was talking about how he would love to have a smoothie shop.  I told him that he would need to work out what would make it cool and different... he loves 80s music and was thinking that it would be fun to name the smoothies after 80s songs.

Maneater,  Everybody wants to rule the world, etc... he had a whole list and its a cute idea.. but I wondered.. would that be copyright infringement?  What about playing 80s music in a store.. are there fees to be paid for that as well?  This is by no means anything that will come to fruition now.. we were just wondering.

Thanks!

Yvette

Oops..and wanted to edit it to add.. He wanted to name it... "Whip it!" and teh tagline to be.. we whip it good.. and wear a devo hat... LOL

infringement?

This is a good question. When I lived in Texas there was a sub shop I used to go to all the time that had their sanwiches named after actors (The John Wayne,  Larry Curly Moe, etc. I always wondered if they were infringing on the names because I knew they weren`t paying royalties for the use since they were a small mom and pop business.

There are fees to be paid for playing the music in your establishment. If you just use a radio station, the fees are already covered by the radio station. Otherwise playing the music would be considered a performance and the music industry would like you to register with a Performance Rights organization like ASCAP or BMI where they would somehow monitor what you play and charge for roylaties accordingly. I`d bet there is an intermediate music distributer who would sell blanket licensed compilations (even customizable) for a set price just for store owners and such - Like what you hear in drug stores, etc. I suppose the 80`s channel on your digital cable music selection would work as well. The royalties should already be wrapped up in your cable fee.

Although I don`t know how you would get caught if you just played the music without reporting performance. I know there a re plenty of DJ`s out there who are playing music without paying royalties.  

Ive heard the same for using music on my slideshows for my photography business.  Its a nono.  I wondered though about having the client bring their favorite music from home to play while we shoot.. for seniors, to feel more comfortable?

Thanks for the tips guys.  If this smoothie shoppe ever comes to fruition, we will play the radio station! ;c)

and Whip It! is a great name, and not copyright protected so... WOOT! ;c)

Yvette