Page 1 of 1

TV/Music - free use in a business

Posted: Fri Oct 04, 2019 2:55 am
by chilly
Hola
In the USA, a very small business can play the radio or have a TV playing and not pay royalties for public performance, if they follow specific rules. The music industry is always on the lookout to sue businesses and they visit and file lawsuits against anyone who doesn’t pay up.

What is the situation in Chile in terms of free use and aggressive enforcement?

Thanks

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 6:46 am
by 41southchile
chilly wrote:
Fri Oct 04, 2019 2:55 am
Hola
In the USA, a very small business can play the radio or have a TV playing and not pay royalties for public performance, if they follow specific rules. The music industry is always on the lookout to sue businesses and they visit and file lawsuits against anyone who doesn’t pay up.

What is the situation in Chile in terms of free use and aggressive enforcement?

Thanks
Again not sure of the music situation, but there are always radio commercials with music they use , which I bet they haven't got the rights to, especially on the small rural stations, theres not much aggressive enforcement of anything in Chile to be honest. That's not an invitation to do what you want, because being a gringo we stick out so may attract attention, but generally, Chileans are not concerned about enforcement of most things.
If you don't keep a low profile, and piss your neighbors off and it's a different story. Chances are though if you do keep your head low and don't draw attention to yourself and are on good terms with your neighbors then your average Chilean will never see an inspector for anything .

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 7:12 am
by admin
most restaurants and such have now gone to using low cost 'cover' bands, which are legal.

the frigen u.s. embassy for decades has been basically operating as the copyright / intellectual property cops for u.s. corporations around the world, to the exclusion of almost every other diplomatic issue.

Guess what? It worked. They did the 'either pay for our crap, or don't use it'. so people quit using it.

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 7:30 am
by chilly
Thanks for the replies on music. Cover Bands sound like a reasonable solution for music.

Does anyone know about TV? Isn't everyone required to show football games endlessly?

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 1:36 pm
by fraggle092
The SCD does aggressively pursue any and all establishments that are capable of broadcasting Chilean music, including long-distance buses, trains, department stores and commercial airline flights as well as the more obvious ones already mentioned. They are affiliated to many foreign Performing Rights societies.

They can and will take you to court if the monthly payments aren't forthcoming.

Considering the huge amount that they rake in, they ought to fix their website....

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 3:16 pm
by 41southchile
fraggle092 wrote:
Fri Oct 04, 2019 1:36 pm
The SCD does aggressively pursue any and all establishments that are capable of broadcasting Chilean music, including long-distance buses, trains, department stores and commercial airline flights as well as the more obvious ones already mentioned. They are affiliated to many foreign Performing Rights societies.

They can and will take you to court if the monthly payments aren't forthcoming.

Considering the huge amount that they rake in, they ought to fix their website....
What about crappy little rural radio stations that play popular english music on their commercials, very random songs sometimes, genesis to sell pan at the local bakery. Maybe its music off licence? I cant imagine them paying the royalties mentioned on that website . They must have something else agreed to. Or the local custumbrista festivals in the middle of nowhere I bet they are not paying a fee. Maybe they are? The greasy food cart truck in Llanquihue takes the money and makes the orders, burgers and fries etc. Just him there.

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 4:00 pm
by fraggle092
The argument is that if you can possibly broadcast Chilean music to the public in any form, then you are liable.
Of course its easier for them to go after legal, registered concerns rather than fly-by-night operations, so that's what they do. I pay $8.000 a month, every month, but I know of FM and internet pirate broadcasters that don't pay anything.

The SCD has a lot of discretion in the tariffs they charge so that once detected, most people prefer to quedarse callado and pay up without making a fuss to avoid a punishing assessment.

Incidentally my SIL had to pay a fee to the SCD for setting up a fonda during the dieciocho celebrations.
.
Sociedad Chilena Derecho De Autor - Cobros Indebidos E Injustos Reclamos cl.png

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 5:37 pm
by at46
fraggle092 wrote:
Fri Oct 04, 2019 1:36 pm
The SCD does aggressively pursue any and all establishments that are capable of broadcasting Chilean music, including long-distance buses, trains, department stores and commercial airline flights as well as the more obvious ones already mentioned. They are affiliated to many foreign Performing Rights societies.

They can and will take you to court if the monthly payments aren't forthcoming.

Considering the huge amount that they rake in, they ought to fix their website....
So I guess intercity buses must have stopped showing videos a few years ago due to this racket? Not that I miss their mindless selection of crappy Hollywood movies.

Re: TV/Music - free use in a business

Posted: Fri Oct 04, 2019 7:19 pm
by fraggle092
at46 wrote:
Fri Oct 04, 2019 5:37 pm
So I guess intercity buses must have stopped showing videos a few years ago due to this racket? Not that I miss their mindless selection of crappy Hollywood movies.
That's exactly right. Tur Bus made quite a fuss at the time. That was quite a few years ago.

Re: TV/Music - free use in a business

Posted: Sat Oct 05, 2019 10:18 am
by 41southchile
fraggle092 wrote:
Fri Oct 04, 2019 4:00 pm
The argument is that if you can possibly broadcast Chilean music to the public in any form, then you are liable.
Of course its easier for them to go after legal, registered concerns rather than fly-by-night operations, so that's what they do. I pay $8.000 a month, every month, but I know of FM and internet pirate broadcasters that don't pay anything.

The SCD has a lot of discretion in the tariffs they charge so that once detected, most people prefer to quedarse callado and pay up without making a fuss to avoid a punishing assessment.

Incidentally my SIL had to pay a fee to the SCD for setting up a fonda during the dieciocho celebrations.
.
Sociedad Chilena Derecho De Autor - Cobros Indebidos E Injustos Reclamos cl.png
Thanks for the info, learn something new every day, well I try to . I too had wondered where those movies had gone on Turbus, yeah it was a few years ago. I just figured as everyone had smart phones they didn't need to bother.