Georges Lammam Workshop, June 18th.

This workshop looks wonderful: http://raksgina.blogspot.com/2011/05/georges-lammam-musical-experience-you.html.

(Unfortunately, the Arizona Bar Convention is ending this same day, and I was hoping to volunteer at the Wills for Heros in the morning.  Don't think I'll have time to make the workshop.  I guess this is one of those sad times when I need to make a choice...)

Rhythm of the Week: Masmoudi Sahir

Masmoudi Sahir (4/4) ("small masmoudi", commonly called "beladi" here in the United States), 

I mentioned this in the "Rhythm of the Week: Saidi" last week, but, as I am practicing this and the saidi (and drilling home their differences), I will feature it this week.

 1       &           2      &          3         &          4        &
Dom  Dom      Tek-ka-tek   Dom    tek-ka   Tek    tek-ka

On labeling

Ah, the labeling dilemma.  The "What kind of dancer" are you.

I thought I had answered this question for myself, and that my style was now simply “Amy”.  All in-depth discussions on the finer points of this or that style were tossed happily aside, and my dance world was suddenly less compartmentalized and cluttered.  I felt free.

After all, I told myself, no one labels Randa Kamel.  In the interview with her on “Masters of Egyptian Choreography: Volume I”, Randa is asked about her influences and she runs off a list of her dance background, from ballet to folkloric.  Yet, I would not call her ballet- or folk-fusion.  She is simply Egyptian, because she is Egyptian and dances in Egypt. 

But then it was time to print up some business cards and “Amy style” is hardly a selling point. So, what am I?  Let the soul searching begin anew. 

If Randa is “Egyptian”, would that make me simply “American”, as I am American and dance in America?  For an American audience, I am working on my “cabaret” set (entrance, slow piece, party piece, drum solo, finale, always a prop thrown in the mix).  Yet, my favorite styles are Egyptian and tribal, in that order, and I would place American cabaret at the bottom of my belly dance preferences.   Would “American belly dance” conjure up images of fringe monster costumes and floor work? And what about the small pile of new Egyptian choreography DVDs to work through?  Does all that effort grant me the right to claim the label, or do I need to spend some time in Cairo for that honor?

In the end, I have decided that I am “Traditional to Tribal.”  Hopefully the public will find this simple and descriptive. 

And it fits nicely on a business card.  

But it has started some new thoughts for me on how I, personally, present different styles of dance.  I sense a new series of blog posts...

-----
It is hours after posting this and, unable to sleep, I am web surfing online and found this article on Randa Kamel:  http://www.gildedserpent.com/art44/yasminaranda.htm.  In it, the author contrasts Randa's style as not cabaret enough for Egyptians audiences (though the author does not find fault with this).  How ironic!  I also found her quote that "[s]ometimes I feel that foreigners understand the dance better. If I come on stage and I’m not in the mood to dance, they put me in the mood.” encouraging.  

Rhythm of the Week: Saidi

Saidi (4/4)

1         &      2      &        3         &     4
Dom   Tek          Dom   Dom           Tek

Filled in:

1               &             2      &        3          &             4
Dom    ka-tek-ka      Dom   Dom      Tek-ka-tek     Tek-ka


Since it's often confused with the masmoudi sahir ("small masmoudi", commonly called "beladi" here in the United States), here is that rhythm:

 1       &           2      &          3         &          4        &
Dom  Dom      Tek-ka-tek   Dom    tek-ka   Tek    tek-ka

So, a few Doms and Teks are swapped between the two:  Saidi is simply said "Dom-Tek (pause) Dom-Dom-Tek" while Beladi is "Dom-Dom (pause)  Tek-Dom-Tek".

I always remember that Saidi starts "Dom-Tek", giving is a light feel, while masmoudi starts "Dom-Dom", giving it a heavy feel.

Music Licenses: Part Two. The Nitty-Gritty

For background, I am an attorney, as well as a dancer, and I have studied copyright law.  However, the following information is for background purposes only and does not constitute legal advice.  This is a brief introduction and is not exhaustive on the topic.  In addition, the details of your particular situation may have an impact on any legal steps you should take.  If you have any questions, contact an attorney who practices intellectual property law.

Copyright Protection Extends to Sound Recordings. 

Under 17 USC §102 (a)(7), sound recordings themselves are protected by copyright, along with the music and lyrics encompassed by them. 

Copyright includes, as it sounds, the right to make a copy.  However, it involves more than that.  Property rights, including intellectual property rights, are often described as "a bundle of sticks."  Each stick is a distinct right that can be asserted.   17 USC §106(6) states that such rights include “in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Public Performance

17 USC §102 defines a “perform” and “publically”:

To “perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. […]

To perform or display a work “publicly” means —

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

(2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times.

For the dancer, this means that any time she plays a sound recording at a place open to the public (e.g. at a restaurant) or at a place where a substantial number of non-family and friends are gathered (e.g. a large hafla at a private residence), she is engaging in copyright violation, unless she has permission from the copyright holder, or the public performance is covered by some exception under copyright law.

Exceptions

17 USC §110 provides several exceptions for the public performance of copyrighted works.  These include performances by teachers or students at nonprofit educational institutions, performances of a religious nature at a place of worship, charitable events; and charitable, private veterans’ or fraternal organizations.  These exceptions can be quite detailed, and so the relevant sections are included at the end of this post.

There is also an exception for “Fair Use”, which is often tossed about to defend any copyright violations.  However, this exception is limited to “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research” and considers several factors in how the work was actually used.  See 17 USC §107. 

Licenses

A license is permission from the copyright holder to perform a work.  The music industry has created several performance rights societies as its solution to the difficulties and complexities of licenses. Copyright holders grant non-exclusive, non-dramatic right to license public performances of their works.  Users pay a set fee to the society in order to perform works from its catalogue.  The fee is based upon a number of factors, including venue, capacity, and admission charges.  Users who believe that the proposed fee is unreasonable may have a reasonable free determined by the United States District Court for the Southern District of New York. 

Practical Application

Now that you have been overwhelmed with the complexities of copyright law, it’s time to get practical.

It is the business, earning profit from the music being played, that is responsible for obtaining the license.  For most dancers, this means the restaurant that they are dancing for, the event that hired them, or the studio that they are teaching through.  In those cases, the dancers does not need to obtain his or her own license (If you are concerned, you can always state in your performance contracts that the person or organization hiring you is responsible for all licenses and will indemnify you in case of a suit.  I suggest speaking with an attorney to draft the correct language).

However, for those dancers who are organizing their own events or teaching their own classes, the following resources may be helpful.

Currently, three major organizations manage licenses for musical performers:  ASCAP, BMI, and SESAC.  Chances are excellent that the song you wish to dance to is covered by one of these organizations. You can search their online databases to determine if your song is covered.

I contacted ASCAP and BMI directly, and found the information I sought on the SESAC website.  I am including it all below in hopes that you will find this a useful starting point in determining licensing fees.  As always, I suggest contacting the societies yourself in receive up-to-date information.  I also suggest that you send an email to the society, confirming any information you were told over the phone, to create a paper-trail of all information you were given by them.

ASCAP License:

Their website is http://www.ascap.com/ . 

Dance Studios

I did not have luck finding information on dance studio licenses through the website, so I called them at (615) 742-5008 and spoke with a representative who then emailed me a PDF copy of their dance studio licensing.  The PDF states that for “combination” (not strictly ballet or ballroom dance) dance instruction, the charges are:

Not more than 75 Students: $92.96

Not more than 150:                     $185.93

Not more than 300:                      $278.92

301 and over:                              $371.88

Note: Students taking less than five hours of instruction per week shall be counted as one student per week; students taking five or more hours of instruction per week shall be counted as two students per week.)

The representative stated that this fee is yearly, non-prorated, and includes one student recital a year.  However, I do not have written confirmation of this, and suggest calling to confirm this information.

Concerts

Other public performances would be covered under a concert license, generally $222 for the year. 

New Media

They also now offer a New Media license, covering internet broadcasts.  I was able to find information on their website regarding this.  In addition, their New Media Department can be reached at (212) 621-6271.

BMI License:

Their website is http://www.bmi.com/ . I also contacted their licensing department at (877) 264-2139.

Dance Studio

Information and pricing for dance instructors and studios can be found here:  http://www.bmi.com/forms/licensing/gl/40.pdf .  The representative I spoke with stated that the license covered all student recitals for the year.  He did not state any limitations on the number.

New Media

Like ASCAP, finding information regarding New Media licenses is highlighted on the BMI website.

Concert

The representative I spoke with stated that he would need specific details to determine what type of concert license would be needed for a particular event.

SESAC

I did not contact SESAC personally.  However, I was able to find general information on their website.

Dance Studio

http://www.sesac.com/Licensing/dancelicense.aspx

New Media

http://www.sesac.com/Licensing/internet.aspx

Concert licenses

http://www.sesac.com/Licensing/GenLicenseDL.aspx

Common Misconceptions

Here are some common copyright misconceptions that I have heard:

Good faith

“Well, I asked around and was told I didn’t need a license, so I’m all set if I’m wrong.”  Though good faith is a factor is a copyright suit, it is only one of several factors that the court will consider.  First, do you want to even be involved in a suit in the first place?  Then ask yourself how highly do you think a court will view your attempts to determine whether you needed a license?  Did you asked an attorney or called BMI or ASCAP directly, and can you document this?  Or did you post a general question on a message board on the internet and take “Snake Dancer’s” advice? 

Non-profit

“Well, I’m not charging/getting paid, so I’m all set.”  17 USC §110(4) does provide an exception if the performance is “without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers”.  Be careful of an “indirect commercial advantage.”  A free road-side show in which you are liberally promoting dance classes as well may cross this line.

Not licensed

“Well, the songs not listed on BMI or ASCAP, so I don’t need a licenses.” If the song is not under BMI or ASCAP, that does NOT mean that no licenses is necessary.  You always need license to perform a copyrighted work.  It does mean that ASCAP or BMI have not been retained to represent that particular work.  There are other smaller organizations, such as CCLI - Christian Copyright Licensing International.  It may even mean that the copyright holder/s intend to give the public a free license to perform that work.  But you cannot assume this.  Practically speaking, this will potentially increase your work in obtaining a license and potentially decrease your chances of “getting caught red-handed.” The prudent course of action would be to contact the record label.

Similarly,

“I checked that all my songs aren’t covered by BMI or ASCAP, so I can’t get the restaurant in trouble if they show up.”  First, read the previous section.  Then consider this: Did you ask the venue if they had a license through ASCAP or BMI?  If they do, then you just went out of your way to pick songs that are NOT covered by the licenses that they are already paying for, not to mention opening them to liability for the songs you are performing that they are not licensed for.

In public domain

“My song is in the public domain, so I don’t need a license.”  Even if the underlying song is in the public domain, the particular sound recording has its own copyright.  So, while you are free to hire musicians to perform the work, you may not play the actual recording without a license.

I own the CD

“I own the CD / I bought the song legally, so I’m all set.”  I have even heard dancers say that they bring all their original CDs with them in their dance bag, presumably as a defense if an society representative should show up.  Again, a “public performance” has nothing to do with how the song was obtained.  It is merely playing the song that causes the copyright violation.

Resources:

United States Copyright Statute: http://www.copyright.gov/title17/

17 USC §110:

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, […]

(3) performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly;

(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if—

(A) there is no direct or indirect admission charge; or

(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:

(i) the notice shall be in writing and signed by the copyright owner or such owner’s duly authorized agent; and

(ii) the notice shall be served on the person responsible for the performance at least seven days before the date of the performance, and shall state the reasons for the objection; and

(iii) the notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation; […]

6) performance of a nondramatic musical work by a governmental body or a nonprofit agricultural or horticultural organization, in the course of an annual agricultural or horticultural fair or exhibition conducted by such body or organization; the exemption provided by this clause shall extend to any liability for copyright infringement that would otherwise be imposed on such body or organization, under doctrines of vicarious liability or related infringement, for a performance by a concessionnaire,^[1] business establishment, or other person at such fair or exhibition, but shall not excuse any such person from liability for the performance; […]

(10) notwithstanding paragraph (4), the following is not an infringement of copyright: performance of a nondramatic literary or musical work in the course of a social function which is organized and promoted by a nonprofit veterans’ organization or a nonprofit fraternal organization to which the general public is not invited, but not including the invitees of the organizations, if the proceeds from the performance, after deducting the reasonable costs of producing the performance, are used exclusively for charitable purposes and not for financial gain. For purposes of this section the social functions of any college or university fraternity or sorority shall not be included unless the social function is held solely to raise funds for a specific charitable purpose; […]

Rhythm of the Week: Khaliji

Khaliji Rhythm:
2/4 Time

1           &      2            &  
Dom     ka     Dom      ka-tek-ka


To hear  and see the rhythm in action, watch http://www.youtube.com/watch?v=Sd9vh7a18iI
demonstrating the rhythm on the zills.  From "Zills Drills" by Susa Pampanin and Zaina Zahesha.

Ins and Outs of Music Licensing: Part One

This will require a follow-up.  A long, detailed follow-up.  But, for now, I just have a few words to share:  If you have any questions about how music licenses work and whether or not you need one for your upcoming dance performance, do not rely on advice from an online forum.  I spent my lunch time perusing through Bhuz and was shocked by all the well-meaning but thoroughly wrong advice.

If you are concerned enough to ask, you would never just grab a random person off the street and then follow their advice.  Same goes for an online forum.  Ask someone who would actually know.  Ask the gig coordinator, ask BMI or ASCAP, ask an attorney, but don't throw it out there into the vast reaches of the internet.