Public performance of radio and television Included in copyright law, establishments other than food service or drinking estab- lishments that are 2,000 gross square feet or larger must obtain a public performance right if any of the following apply:
Television • if the performance is communicated by more than four TVs; or
• if there is more than one TV in any one room; or
• if any of the TVs has a diagonal screen size greater than 55 inches; or
• if any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, and more than four loudspeakers in any one room or adjoining outdoor space; or • if there is any cover charge.
Radio • if the performance is communicated by more than six loudspeakers; or
• if there are more than four loudspeakers in any one room or adjoining outdoor space; or
• if there is any cover charge; or • if the transmission received is further transmitted to the public.
Becoming familiar with copyright law Copyright can be a puzzling subject when trying to determine if and what license your community may need. The copyright owner holds on to all the rights of performance, but there are also exemptions and specifics, Reynolds says. She offers these tips your community may wish to consider: • An internet search is often what leads to communities being contacted regarding a copyright violation. Are you promoting
movie nights or musical events? Be mind- ful of what you’re advertising.
• Have a professional who understands copyright law conduct an audit, in- cluding what’s on display in your lobby, whether you’re playing music over speak- ers, and the content on your website.
• Fees are typically “by the bed,” so big- ger communities will have higher fees. Think about whether you want to en- gage in activities that require you to play copyrighted work.
• If you receive a notice that you are in violation, call your attorney immedi- ately. This is not something you can ig- nore. There are penalties for copyright infringement. If found in violation, they can range from $750 to $30,000 per copyright work, per violation. If it’s a willful violation, it can be up to $150,000.
ADVICE FROM THE PROS
Performing Rights Organizations (PROs) also share advice on their websites; PROs license the public performance of musical work on behalf of the copyright owners of that work. Communities may need licenses from all three as they each represent different songwriters, composers, and publishers. Each PRO can only grant you authorization to play their members’ musical works.
BROADCAST MUSIC, INC. (BMI) In exchange for the license fee, BMI grants the right to publicly perform the songs of the more than 800,000 songwriters, composers, and publishers they represent.
Purchasing an audio file doesn’t transfer copyrights and as indicated on their website, there’s a big difference between owning a copy of the music and owning the actual songs. Whether the music is purchased, broadcast, or played by live musicians, if it’s played publicly you need a license or receive permission from each songwriter, composer, or publisher. For more information, visit
bmi.com.
AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP)
Also providing a license for the public performance of its members’ music, ASCAP represents the work of over
640,000 songwriters, composers, and publishers in their repertory, according to their website. The site also defines a public performance to include those transmitted through radio, television broadcasts, music-on-hold, cable television, and the Internet.
A reminder to their site visitors—music legally belongs to the songwriter who created it and the publisher who marketed it. Or simply stated: when you use other people’s property, you need to ask permission. For more information, visit
ascap.com.
SOCIETY OF EUROPEAN STAGE AUTHORS AND COMPOSERS (SESAC) Obtaining a license with SESAC authorizes your community to publicly perform all the music in their repertory, which includes more than 400,000 songs. According to their website, anytime music is performed, played, broadcasted, or otherwise communicated to the public, a license is required. But they recognize the variety between different industries’ usage and have developed many industry-specific license agreements.
As it is with BMI and ASCAP, the alternative to receiving the SESAC license is contacting and negotiating an agreement with each copyright owner of the music you want to play. For more information, visit
sesac.com.
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