The simple answer is yes, the music is protected by copyright and yes, the promoters should be paying licensing fees to the American Society of Composers, Authors and Publishers or to Broadcast Music, Inc., which are in general agents for the artists.
The practical answer is that ASCAP and BMI will usually not bother to enforce the copyright, owing to the lack of any reasonable expectation of return, and since the artists assign their rights for the most part to ASCAP or BMI, they have no independent right to assert their claims beyond what their agents could claim. ASCAP and BMI generally collect the royalties for the artists in the form of annual licensing fees paid by those who use protected music. They then distribute these fees according to formulae which I have never really understood. One time users can pay one time fees, based generally on the expected gate, and thus avoid any potential for litigation. When ASCAP and BMI decide to litigate, they are VERY tenacious. Musicians performing on these recordings have their "royalties" (in reality, we call them residuals) covered in both the original recording date wage scales, and through payments from the record manufacturers made to the Phonograph Recording Trust Fund and the Recording Industries Trust Funds. These payments are generally based on unit sales. These funds then distribute these residuals to each performing musician on the basis of actual recording engagements and the sales of these performances. The same general rules apply to such things as the performance of syndicated television shows (rebroadcasts), the reuse of jingles used in commercials on TV and radio, and any number of other possible criteria. The required payments are not limited to for-profit organizations. Indeed, my college (a public institution) must even pay annual fees. The fee scales are different for non-profit groups. It is a very complicated subject from the standpoint of we musicians and those who use the end result of our labors. Ken Harrison P.S. With respect to Charlie Dischinger's remark: "I Which brings up a very interesting question. If we are so protective of our copyright rights, how can any of us turn around and infringe on another aertists rights and use their music to enhance our photography?" That is one of the issues that ASCAP and BMI are trying to address through their licensing arrangements because it is the general experience of ALL artists that, given the opportunity, anybody that CAN use a product for free WILL use it for free, and that includes other artists. It can be a slippery slope. I tried to be as brief as clarity would allow. -> SPORRS: 'Serious Photographers Of Railroad Related Subjects' -> Web Site: http://www.anet-stl.com/acphotog/sporrs/ -> Message © 1998 SPORRS® - All Rights Reserved
