I am curious to know if there are or have been any challenges by ASCAP
or BMI for the public performance of music machines in public places
such as band organs or calliopes.

For those unfamiliar, these are licensing groups representing thousands
of music writers, copyright owners, and publishers.  Technically anyone
performing music publicly ranging from orchestras to soloist in all
genres is liable for paying a royalty fee.

This also includes recorded music in restaurants, lounges, and even
over the headphones on airlines.  I recall a friend who played piano on
a cruise ship for many years and was required to list and submit every
song that was played every evening in order that ASCAP or BMI was paid.

I bring this up because I am reminded of several recent legal rulings
by someone who apparently owned the rights to "Happy Birthday".  They
successfully won the rights for royalties when it was played publicly
by live entertainers.

Another case involved the Barney dinosaur character who sings the
"I Love You" song.  Although the words were new the melody was owned by
a publisher who successfully won a judgment against the producers of
the show and was ordered to pay past and future royalties.

So now I am thinking of band organs and calliopes playing in public
places.  Although the majority of the music is from another era, more
than likely much of it is owned by a publisher somewhere, and
technically it is a live public performance.  It seems ridiculous that
such a thing could happen but in this sad age where everyone seems
eager to drag everyone else into court there could be a real
possibility this could become a future issue.  Any thoughts?

Rob Goodale