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ORDINANCE NO. 2002-39 <br />J INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE AUTHORIZING <br />THE MAYOR TO ENTER INTO AN AGREEMENT WITH <br />THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS <br />AND PUBLISHERS ("ASCAP") <br />WHEREAS, The Ohio Municipal League has recommended that municipalities enter <br />into a licensing agreement with the American Society of Composers, Authors and <br />Publishers ("ASCAP"); and <br />WHEREAS, the licensing agreement will allow the Village to use copyrighted works <br />which are part of the ASCAP repertory; and <br />WHEREAS, prior to the negotiation of this licensing agreement local governments <br />were required to obtain different licenses from ASCAP for each potential use of music to <br />be identified and separately licensed; and <br />WHEREAS, by entering into this agreement the Village will have access to and the <br />rates perform any or all of the more than eight (8) million works of more than 110,000 <br />ASCAP composers, lyricists, song writers and publisher members and prevent any <br />inadvertent infringements on the rights of ASCAP members; and <br />? <br />WHEREAS, according to the copyright laws of the United States Constitution at Title <br />17 of the United States Code generally other parties cannot publicly perform or authorize <br />others to perform copyrighted works without the permission of the copyright owner. The <br />owner has the right to be paid for the use of his property. The copyright laws define a <br />public performance as one in a place open to the public or any place where substantial <br />numbers of persons outside of a normal circle of a family and social acquaintances are <br />gathered; and <br />WHEREAS, the Village deems it in its best interest and the interest of its residents <br />to enter into the licensing agreement with ASCAP so as to comply with the copyright laws <br />of the United States at Title 17 of the United States Code. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: <br />SECTION 1. That Council hereby authorizes the Mayor to enter into a licensing <br />agreement with ASCAP in a form that is attached hereto and incorporated herein at <br />Exhibit A. <br />?