Filed under: Audio, iPod Family, Tips and tricks, Cult of Mac
iPod: the secret ingredient
The July issue of Food and Wine hit mailboxes this week, and I've finally had a chance to browse through it this weekend. Every issue has some interesting technology articles, but as a trianed pastry chef, I have a slightly broader definition of "tech" than most people; I'm always as happy to read about advances in viniculture and making sorbet with fruit pulp and liquid nitrogen as I am to read about cpu specs and regex algorithms. This month however, there was a little crossover.As part of a "best of" article, the editors surveyed 70 of America's top chefs about a variety of topics, from ranges, to knives, to restaurant sound systems. It turns out 2/3 of the chefs use iPods to program the ambient music in their dining rooms. They didn't ask how many use iPods to blast the requisite punk rock and techno mixes that keep restuarant kitchens moving, but I think we can assume the percentage there is even higher. Some restaurants, like New York's Little Giant even offer "open cradle" nights where regulars can bring pods and take over the speakers for the evening, something to keep in mind the next time you want to create the perfect evening with that special someone at the little bistro around the corner.
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Reader Comments (Page 1 of 1)
Ryan said 1:47PM on 6-19-2005
I wonder if these restaurants are considering the fact that artists get paid money if their music is played publicly? Therefore, unless said restaurants are voluntarily reporting the music to perfomance rights organizations (ASCAP, BMI, SESAC), I would take issue to this use of iPods...and I am an iPod fan.
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rawktavio said 3:55PM on 6-19-2005
what makes this any different than these establishments playing via cd or what not? i doubt that these small restaurants will be seeing any problems doing this.
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Jay Savage said 6:14PM on 6-19-2005
Ryan,
You misunderstand the law, then. There is nothing in the law to prevent anyone from playing music in restaurants. Fist, restaurants are private places, and second, ambient music is not "performance" by any definition. As long as they aren't broadcasting or or charging for the music this use falls well within fair use under most circumstances. It's no different than having a CD changer in the back room piping the music in. If they start charging people $0.25 per play, then they'll violate laws and have to start paying whatever unlimited play royalties govern jukeboxes. If the start charging cover, they'll fall under performance laws that regulate DJs. Otherwise, there's no problem here.
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Jack said 6:32PM on 6-19-2005
Jay is correct. And the way you should understand it is like this.
If you are celebrating a birthday and you and the people with you sing "Happy Birthday", that's completely cool.
But
If the the restaurant staff sings "Happy Birthday" as part of the little 'spiel' they do for birthday people, the restaurant gets in trouble.
Why?
Because if the customer is singing it or playing the song on their own, that's fair. Nobody is charging anyone to do anything.
If restaurant employees do it, they are doing so because they will be paid to do so by the restaurant or they will charge the customer for the 'special' b-day cake and such that they often sell as a package--with the singing staff--for birthday people.
Which is why tons of restaurants have their own HORRIBLE b-day songs.
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Derek said 8:28PM on 6-19-2005
Actually, Jay is wrong. If you are making profit as a business and are playing such music for your customers, then you must pay royalties. Most "elevator music" is pumped from local radio stations on sub-frequencies that handle the royalties for them. Music played in the back where employees work would be free. If you are using music as a part of your customer atmosphere, you must pay royalties!
I used to work for a radio station and know about this issue. There are agents from ASCAP that can come and catch you and hit you with some big fines (Truth be told I doubt they would waste their time on little restaurants). The royalties are quite small in any case. It's best just to pay the royalties before you get caught.
There are certain songs for which you can play or perform for free. Most of these are extremely old recordings which have lost their copyright protection and are considered in the public domain. "On Top of of Smokey," anyone?
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Jay Savage said 10:08AM on 6-20-2005
Derek,
I'm sorry, I overgeneralized a little. The point is that the iPod is no different than CDs. It is true that Restaurants, especially most chain restaurants may be libale to pay royalties. But in most jurisdictions the majority of restaurants are exempt and ambient noise does not meet the definition of commercial/public performance.
Generally speaking, the only restauarants required to pay royalties anywhere I've encountered the issue are:
* Over 3,750 gross square feet, or
* Have more than 4 televisions, or
* Have more than six total speakers in the public areas.
I think it's safe to say that most places running off thier owners' iPods, or letting locals take over the sound system don't meet the definition of commercial performance in most jurisdictions, certainly not the little New York holes in the wall.
But yes, any place that seats more thn 200 is probably going to end up paying royalties.
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