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Insidecostarica.com - San José, Costa Rica  - Monday 11 July  2005

 

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Bus Drivers Will Have to Turn Off Their Radios
Cumbias, rancheras and various types of radio music are common on Costa Rican buses. However, 55 drivers of the Tapachula bus company that provides services between San José and Santa Ana will have to turn off their radios.

The reason for the change is due to the fact that the Asociación de Compositores y Autores Musicales (ACAM), the organization in charge of taxing public airing of music on radio stations and public shows, is wanting to charge the bus company for the public airing of music.

According to Rafael Molina, the legal representative for Tapachula, the issue came to light when the bus company was negotiating a parking permit with the municipality of Santa Ana when one of the requirements was an ACAM permit that is seeking ˘1.400 colones per month for each bus that airs music on their route.

The bus company and it's drivers were caught by surprise. Never has such a request been made before of any bus company on any bus route. "The only thing we can do is prohibit the drivers from playing the radio while they are on their routes", said Molina while he and the bus company clear up the situation with ACAM.

ACAM is a copyright collective representing music creators and publishers worldwide. Music played as part of a business or function, usually needs a performing rights license. ACAM grants such licenses, allowing access to virtually the world's entire repertoire of copyright-protected music for public performance, at approved rates. An ACAM performing rights license ensures that the works and the rights of those who create and publish music are respected.

In addition to the ACAM requirement, the bus company says it is taking into account a number of complaints by passengers who object to the taste of the choice of the driver's music played.

"Drivers use music to soothe the nerves of the long day (up to 14 hours) and putting up with irate passengers and now they want to charge us for turning on the radio. That's an atrocity." said one driver who wanted to remain anonymous.

Heriberto Barrantes, a representative of ACAM explains that the request comes under section 23485MP of the organization's bylaws which clearly sets out that any establishment or business licensed by the Instituto Costarricense de Turismo (ICT), the Municipalities, etc. that use music in their operations must obtain a license to play the music.

Exception to the above rule are businesses that sell music or music equipment. Private use of music in a home or one's automobile is also excluded under the ACAM rules.

Why is ACAM now charging copyright dues when it hasn't in the last 15 years of being in Costa Rica? Barrantes explains that they have had a long fight on their hands with Municipalities and other government institutions, mainly of their indifference to the situation.

No bus company to date has paid any dues to the organization, however the time has come. ACAM now has the support of many of the Municipalities and will enforce their right to charge a due on music played to the public while riding the bus, the fee depending on the bus size.

 

 

 
   

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