Did You Know?
Random yet important information for every Senior Center!
Many of you are aware of the necessity of having a license to show movies, however, were you aware that it is also necessary to have a license for music? The law requires users to obtain authorization not only for performances by live musicians, but also for “performances” by mechanical means, including videotapes, CDs, tapes, records, music on-hold, karaoke, radio and TV reception, personal computers, etc. (Does your Senior Center offer a fitness class where participants exercise to music?). Under the law, owners or operators of an establishment, sponsors, or a facility (such as a Senior Center) are responsible for performances on their premises – courts have consistently held that the those who operate facilities or sponsor events at which copyrighted music is performed publically may not avoid their responsibilities under the US Copyright Law by attempting to shift those responsibilities to their entertainers/performers. Technically though, everyone who participates in an infringing performance is liable and copyright owners can sue the owner of an establishment as well as the members of the band , disc jockey, etc. who actually gave the unauthorized performance.
There are 3 different Performing Rights Organizations (PROs) that license music, each with their own license/fee and their own repertory –
- ASCAP – American Society of Composers, Authors and Publishers
- BMI – Broadcast Music, Inc.
- SESAC – Society of European Stage Authors and Composers (http://www.sesac.com)
Licensing agreements cover almost all non-dramatic performances in a PROs repertory presented both on government property and at functions and events at other locations. PROs do not license the right to make printed copies of songs, nor do they license the right to make adaptions or arrangements. When lyrics are reprinted or photocopied, a separate “lyric reprint” license is required by Federal copyright law. If song sheets, a music book, a book using song lyrics are created in any printed form, a license must be requested for each song from the song’s owner to be used. To change the words or melody of a song, permission must be obtained directly from all music publishers owning a share of the composition.
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