Music menu

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newmans
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2006/08/09 09:52:30 (permalink)

Music menu

According to studies of some researchers, proper music stimulates guests to order on 15 - 20 % more. Right now I am going to create music menu for fine dining restaurant, if somebody had such experience before, I will be very grateful for advices.
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    doggydaddy
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    RE: Music menu 2006/08/09 10:59:36 (permalink)
    quote:
    Originally posted by newmans

    According to studies of some researchers, proper music stimulates guests to order on 15 - 20 % more. Right now I am going to create music menu for fine dining restaurant, if somebody had such experience before, I will be very grateful for advices.


    One restaurant I worked at had a bunch of tapes (right there I am dating myself) that a waiter made for the place. It was an eclectic mix, but at the end of the night the Love Theme from the film, Blade Runner would come on. It had a soulful saxophone in the tune. To me, when I heard it, I felt that the night was over and time to end the day.

    It seems that one consideration that I have seen is that some places are using XM or Sirius satellite radio. There are a variety of channels that play tunes that would be suitable for whatever place you own and the food you serve. For instance, if I had a BBQ place, there are blues, soul and even I think, a New Orleans channel. Jazz always seems to work for many places

    Another consideration is to download music onto your MP3 player and play your own selection of tunes. My last boss did that. It's funny, he was a complete jerk, but I could not fault his taste in music. It was like how could somebody who was soooo uncool play such cool music?

    mark
    #2
    vegas
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    RE: Music menu 2006/08/09 11:43:22 (permalink)
    just remember ASCAP and BMI . . . or they will do it for you!!!!!!!!!!!!!!


    #3
    Brookerme
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    RE: Music menu 2006/08/09 11:46:19 (permalink)
    Be really careful. If you use music you may well owe the artists. You may be paid a visit by BMI or ASCAP or their lawyers and find that you owe thousands of dollars. Purchasing a CD does not allow you to utilize the music for commercial puposes without an additional fee.
    #4
    Ashphalt
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    RE: Music menu 2006/08/09 12:07:02 (permalink)
    "Be really careful. If you use music you may well owe the artists. You may be paid a visit by BMI or ASCAP or their lawyers and find that you owe thousands of dollars. Purchasing a CD does not allow you to utilize the music for commercial puposes without an additional fee."

    Not "may," will!
    #5
    wheregreggeats.com
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    RE: Music menu 2006/08/09 12:54:18 (permalink)
    Can you buy a commercial package from Sirius or XM that icludes the fee?

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    Ashphalt
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    RE: Music menu 2006/08/09 13:05:18 (permalink)
    Good thought, Greg. And here's the answer from Sirius. http://www.sirius.com/servlet/ContentServer?pagename=Sirius/Page&c=FlexContent&cid=1059597407488

    I'd guess that XM has something similar.
    #7
    pmrkr2
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    RE: Music menu 2006/08/09 13:32:30 (permalink)
    from the prospective of someone who has mixed music for a living for the retail and hospitality (resturants and hotels) industires for years, when i had resturant clients i would recommend no music during prime dining hours in the main dining room unless they were a specialty type of resturant. i found that it was more intrusive on the dining experience and that unless the facility was particularly well conditioned for sound it just added to the general din and could be very annoying. all these studies about spending more and eating more by the type of music played or such are basically urban myth. as far as the bar area or late or early dining when the room is not too crowded then music appropriate to the theme of the resturant should be played. good music if appropriate will keep people in a place longer as it makes them more comfortable, it doesn't increase their
    metabolisim or produce endorphins as far as royalties go they should be paid as any establishment that plays music in any form is obligated to do so by the copyright laws. The artists and songwriters are entitled to their just compensation the same way that any supplier of a product or service is. but it is highly unlikely that either ascap or bmi will come after you retroactively.
    #8
    Scorereader
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    RE: Music menu 2006/08/09 13:37:49 (permalink)
    quote:
    Originally posted by Ashphalt

    "Be really careful. If you use music you may well owe the artists. You may be paid a visit by BMI or ASCAP or their lawyers and find that you owe thousands of dollars. Purchasing a CD does not allow you to utilize the music for commercial puposes without an additional fee."

    Not "may," will!


    Most businesses are visited by an ASCAP representative. If you are using CDs, MP3s. karaoke, jukebox, or any other source for recorded music other than free radio air waves or subscribe to MUSAK, you can contact ASCAP and they'll give you the yearly fee, which isn't really all that much money.

    They usually don't "fine" you when they come and see you are using CDs and such for music. They just ask if you've been visited before, and if not, then they send you the paper work for you to fill out and a bill will come by.

    When they send you a bill, that appears to be a "fine" and may come from a lawyer, it's probably because you were visited by ASCAP and told them you either were only using the radio or weren't playing music at all and then later, when they revisited, they caught you in a lie.

    Also, you must pay an ASCAP fee if you have live music performed at your place. (this makes you a performance space).

    #9
    wheregreggeats.com
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    RE: Music menu 2006/08/09 14:08:46 (permalink)
    I also believe there is a definition of public performance, something like ten people.

    I heard that the BMI or ASCAP rep tried shaking down a dry cleaner for having a radio on behind the counter and the dry cleaner was able to prevail ... but I'll bet may acquiesce.

    #10
    Sonny Funzio
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    RE: Music menu 2006/08/09 14:19:24 (permalink)
    I'm not sure what music makes people eat more ... but Frank Sinatra's music seems to put people in the mood to tip better.
    #11
    Fieldthistle
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    RE: Music menu 2006/08/09 14:41:35 (permalink)
    Hello All,
    Newmans, (so tempted to write, 'Hello, NEWMAN' for Jerry Seinfeld fans),
    anyway, when I ran a coffee house years ago, I discovered that music depended
    upon the age of the crowd. Older people prefered a lighter, quieter sound while
    the young could eat and drink over louder and more shardlike sounds. It really
    depends on the audience the restaurant caters to.
    Blues, jazz, and a James Taylor type of folk music are great for a fine dining
    place that you said you were attending to. Sinatra, Bennett, Rosemary Clooney, and
    others are good as well if your audience remember them. The customer likes feeling
    familiar with the music as well as the food if eating is the purpose. There are so many
    great musicians out there that go well with food and moods. Van Morrison, Dan Fogelberg,
    Sting, etc... Fine dining connotes to me a softer sound.
    And yes, the time of day or night is important on what music is picked, and how fast of
    a customer turn-over you want. I may order more drinks and linger after a meal if the
    conversation and music is good.
    This is an interesting topic. Newman, please report back to us what you have done and
    the results.
    Take Care,
    Fieldthistle
    #12
    Tedbear
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    RE: Music menu 2006/08/09 14:58:55 (permalink)
    Whatever you do, I suggest that you not include Janis Joplin in the playlist. Years ago, I had an acquaintance who would play Janis Joplin at high volume while serving supposedly elegant meals. Trust me, the meals were neither elegant nor relaxing while listening to Janis yowling at high volume.
    #13
    Salustra
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    RE: Music menu 2006/08/09 15:18:41 (permalink)
    Speaking strictly as a diner, not a restaurant professional...
    Personally, in a fine-dining environment I would want only instrumental background music, no vocals. As far as genre, I would enjoy anything from classical, jazz, big band, easy listening, to instrumental versions of current popular music. (pretty much everything except 'head-banger' noise) I want to be put in a very mellow mood for such a dinner.

    #14
    Scorereader
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    RE: Music menu 2006/08/09 15:39:18 (permalink)
    quote:
    Originally posted by wheregreggeats.com

    I also believe there is a definition of public performance, something like ten people.

    I heard that the BMI or ASCAP rep tried shaking down a dry cleaner for having a radio on behind the counter and the dry cleaner was able to prevail ... but I'll bet may acquiesce.




    it doesn't matter how many people are in the audience if you own a business and are offering live music. If the space is used as a performing space, the performance space pays the ASCAP fee.

    The dry cleaner will win, as long as they only play the radio AND the do not have a CD or cassette player with the tuner. The argument ASCAP makes is that if a tuner has a CD player and/or cassette player, those elements are being used and therefore the business is subject to ASCAP fees.

    So, as long as the dry cleaner only had a tuner, there isn't a case. Airwaves are free.
    ASCAP knows this, so my guess, is that the radio was being used for more than just free air-waves.
    Some small companies don't realize that a boom-box with a CD or cassette player subjects them to pay ASCAP fees.

    The most current ASCAP "plight" is making towns, villages, cities, etc. pay fees for their outdoor summer concert series. It's complicated as to why towns hadn't paid in the past, but ASCPA finally won in court the right to assess towns a fee for outdoor free summer concerts and concert series.

    The ruling in NY State is an interesting read, and, honestly, while sometimes ASCAP can be a bit overzealous (like a dry-cleaner or other small service business, who has a radio behind the counter) ASCAP was definately in the right in this case.

    #15
    pmrkr2
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    RE: Music menu 2006/08/09 17:38:03 (permalink)
    i'll tell you an ascap over zealous story. a very large hip hop clothing mfg who had contacted me regarding mixing music for their soon to open stores told me that he had gone out of his way to call ascap on the phone to inform them of their intentions and to inquire how to go about making proper payment. at one point he put the ascap rep on hold and there was music playing while on hold. when the ascap rep got back on the phone his first comment was "oh by the way you have to pay for the music you play while on hold too". great salesmanship
    #16
    Rootsman
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    RE: Music menu 2006/08/09 20:01:15 (permalink)
    Give us an idea of the dollar amount for a dry cleaner, for a take-out restaurant, for a hot dog cart or trailer and for a 20 seat restaurant.

    In the case of a hotdog cart, trailer or dry cleaners, cound't they argue that the music is for personal use and there is no audience, i.e., it is simly being overheard by the customer?
    #17
    wheregreggeats.com
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    RE: Music menu 2006/08/09 20:17:48 (permalink)
    I wonder if they can tax my next party at my house?

    #18
    Scorereader
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    RE: Music menu 2006/08/10 09:59:43 (permalink)
    it's not a tax.
    ASCAP is a non-profit organization that(among other things) collects and distributes royalty payments for the non-dramatic public performance of copyright protected music. It's operated by a Board of Directors voted into their position by the members (composers). It's not a government agency.




    #19
    Tony Bad
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    RE: Music menu 2006/08/10 16:30:16 (permalink)
    quote:
    Originally posted by wheregreggeats.com

    I wonder if they can tax my next party at my house?




    Or those people who play their music so loud in their car the whole neighborhood can hear! Them I'd like to see taxed!
    #20
    Ashphalt
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    RE: Music menu 2006/08/10 17:16:45 (permalink)
    Scorereader, that's right, you're in the music business, aren't you? You know what you're talking about. Thanks for the solid input. You make a good point that this isn't a tax, it's a royalty payment to composers.

    Rootsman. "In the case of a hotdog cart, trailer or dry cleaners, cound't they argue that the music is for personal use and there is no audience, i.e., it is simly being overheard by the customer?" I haven't heard of cases of outdoor vendors (which doesn't mean it hasn't been tested). However, the courts have been littered with restaurant and bar owners who have put forth such arguments. Once you've been offered a license and continue to infringe copyrights you're susceptible to statutory damages, double damages, and attorneys' fees which are more than enough to sink a small business.

    As for the dry cleaner, I'd compare it to any other retail establishment (department store, grocery, etc.) There's a good reason why services such as Muzak have been so successful.
    #21
    Scorereader
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    RE: Music menu 2006/08/10 17:35:29 (permalink)
    quote:
    Originally posted by Ashphalt

    Scorereader, that's right, you're in the music business, aren't you? You know what you're talking about. Thanks for the solid input.


    I'd say the same for you. You're right on the the mark.

    #22
    rxmusic
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    RE: Music menu 2006/08/12 00:18:56 (permalink)
    Music that is played via ipod, mp3, cd etc... in a commercial setting is not legal in many ways. There are fees that must be paid but more importatly, burning tracks to your ipod and using them for commercial use is NOT legal. Check out a company called Prescriptive Music (www.RXmusicCD.com) Thaey have the only LICENSED on demand music delivery system in the US... it is like an ipod on STEROIDS! The other major issue is What to play. This company specializes in what to play, when to play it, why to play it and how loud. They have created the music for the new PUCK restaurant in Beverly Hills. There seems to be a big push for good music in restaurants now. These guys can help.
    #23
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