Why should I pay for playing music in public?
We often use the expression "they're playing my song," not always remembering that while we may have emotionally adopted the song, it still legally belongs to the songwriter who created it, and the music publisher who markets it. When you use other people's property, you need to ask permission.
What is a public performance?
A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative. However, there are a few limited exceptions, (called "exemptions") to this rule. Permission is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (for example, a radio or television broadcast). Performances as part of face to face teaching activity at a non-profit educational institutions are also exempt.
We recommend that you contact your local ASCAP representative who can discuss your needs and how ASCAP can help you.
What does the ASCAP license do?
ASCAP gives you a license to entertain your customers, guests and employees with the world's largest musical repertory. One of the greatest advantages of the ASCAP license is that it gives you the right to perform ANY or ALL of the millions of the musical works in our repertory. Whether your music is live, broadcast, transmitted or played via CD's or videos, your ASCAP license covers your performances. And with one license fee, ASCAP saves you the time, expense, and burden of contacting thousands of copyright owners.
I bought the record or sheet music. Why do I need permission to perform the music?
Copyright owners enjoy a number of different rights including performance rights, print rights and recording rights. Rental or purchase of sheet music or the purchase of a record does not authorize its public performance.
I want to record or videotape a song or record. Do I need permission, and how do I obtain it?
If you want to make copies of, or re-record an existing record, tape or CD, you will probably need the permission of both the music publisher and the record label. A music publisher owns the song (that is, the words and music) and a record company owns the "sound recording" (that is, what you hear... the artist singing, the musicians playing, the entire production).
If you plan to hire your own musicians and singers and create an original recording of a copyrighted song, then you need the permission of only the music publisher.
ASCAP does not license recording rights. Recording rights for most publishers are represented by the Harry Fox Agency:
Harry Fox Agency, Inc.
711 Third Avenue
New York, N.Y. 10017
Tel: (212) 370-5330
Fax: (212) 953-2384
www.harryfox.com
The name and address of the record company should appear on the record label. The Recording Industry Association of America, a trade organization for record labels, can provide you with more information on the rights of record labels.
Recording Industry Association of America (RIAA)
1020 19th St. NW, Suite 200
Washington, D.C. 20036
Tel: (202) 775-0101
Fax: (202) 775-7253
www.riaa.com
Where does the money go?
Quite simply, to our members. All the fees we collect are distributed as royalties, after deducting operating expenses (currently 11.3%).
What songs are in the ASCAP repertory and who are your members?
Check out ACE (ASCAP Clearance Express), ASCAP's searchable database of performed works, along with writer, publisher and recording artist information.
I'm interested in playing music in my restaurant or other business. I know that I need permission for live performances. Do I need permission if I am using only CD's, records, tapes, radio or TV?
Yes, you will need permission to play records or tapes in your establishment. Permission for radio and television transmissions in your business is not needed if the performance is by means of public communication of TV or radio transmissions by eating, drinking, retail or certain other establishments of a certain size which use a limited number of speakers or TVs, and if the reception is not further transmitted (for example, from one room to another) from the place in which it is received, and there is no admission charge. Your local ASCAP licensing manager can discuss your needs and advise how ASCAP can help you.
How much will it cost to obtain an ASCAP license to perform music?
The annual rate depends on the type of business. Generally, rates are based on the manner in which music is performed (live, recorded or audio only or audio/visual) and the size of the establishment or potential audience for the music. For example, rates for restaurants, nightclubs, bars and similar establishments depend on whether the music is live or recorded, whether it's audio only or audio visual, the number of nights per week music is offered, whether admission is charged and several other factors.
Concert rates are based on the ticket revenue and seating capacity of the facility. Rates for music used by corporations ("Music In Business") are based upon the number of employees. College and university rates are based upon the number of full time students; retail store rates depend on the number of speakers and square footage. Hotel rates are based on a percentage of entertainment expenses for live music and an additional charge if recorded music is used.
Because ASCAP has over a hundred different licenses and rate schedules, one will likely fit your needs. ASCAP operates under the principle that similarly situated users should be treated similarly. This assures fairness and consistency in our licensing. For example, rates for restaurants of the same size, with the same use of music are the same regardless of whether the restaurant is in Oshkosh or New York City.
I want to use music-on-hold in my business. Do I need permission?
Yes. When you place a caller on hold and transmit music via your telephone lines, that is a public performance of the music. It is your responsibility to obtain permission to perform ASCAP songs from ASCAP or directly from the copyright owner. ASCAP represents tens of thousands of copyright owners and millions of songs and an ASCAP license will give you the right to perform them all.
Do I need permission to perform music as part of a presentation in class or at a training seminar?
If the performance is part of face to face teaching activity at a non-profit educational institution, permission is not required. Permission is required when music is used as part of training seminars, conventions, or other commercial or business presentations.
Aren't musicians, entertainers and DJ's responsible for obtaining permission for music they perform?
Some people mistakenly assume that musicians and entertainers must obtain licenses to perform copyrighted music or that businesses where music is performed can shift their responsibility to musicians or entertainers. The law says all who participate in, or are responsible for, performances of music are legally responsible. Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license. Music license fees are one of the many costs of doing business.
How do I obtain a license for a Jukebox?
Licenses for jukeboxes are available through the Jukebox License Office. The JLO makes it convenient and economical for you to obtain the permission you need for your jukebox by serving as a "clearinghouse" that provides authorization to perform virtually every copyrighted song in the United States and much of the world.
The JLO is a joint venture of the United States performing rights organizations, ASCAP, BMI and SESAC. The JLO offers a license which provides total access to all songs in the ASCAP, BMI and SESAC repertories. The Jukebox License Agreement is a single, economical, annual license that provides the authorization required to publicly perform copyrighted songs on a jukebox. Jukeboxes that are licensed by the JLO, must display a certificate in the title strip holder of each jukebox. If you see a jukebox without a certificate, please complete and return the Tips card or email the name and address of the location and name of jukebox operator (if known) to information@jukeboxlicense.com.
Establishments where music is performed by some means other than the jukebox (DJ's, bands, tapes, etc.), still need a separate license from ASCAP (or the individual copyright owners) covering these other performances. The Jukebox License Agreement only provides authorization for jukebox performances.
The jukebox, or "coin-operated phonorecord player," qualifies for the Jukebox License Agreement if it is a machine or device that:
- is used solely for non-dramatic public performances of music; and
- is operated by coins, tokens, currency or the like; and
- is operated by patrons of the establishment (not employees), who make their selections from a list of titles; and
- is located in an establishment making no direct or indirect charge for admission.
If your jukebox fails to meet any of these criteria, it does not qualify as a "coin-operated phonorecord player" under the Copyright law and performances on that jukebox cannot be licensed through the JLO.
Please contact the JLO with any other questions you may have or to obtain a jukebox license.
Jukebox License Office
1700 Hayes St., Suite 201
Nashville, TN 37209
1-800-955-5853
www.jukeboxlicense.com
How do I know what songs are represented by ASCAP?
A list of performed works is available on the ASCAP Clearance Express on our Website. For addition information on ASCAP's members, the variety of music in the ASCAP repertory, and the resources available to those seeking more information on ASCAP's members and the ASCAP repertory, click here.
What are the exemptions for the reception of radio and television performances in eating and drinking establishments and retail establishments?
An amendment to the Copyright Act, designed to clarify and expand the scope of the exemption for certain performances of music in food service, drinking and retail establishments by means of radio and television transmissions, became effective on January 26, 1999. (Public Law No. 105-298, which amended 17 U.S.C. 110(5).)
The amendment law applies only to performances by means of radio-over-speakers or televisions, only if no direct charge is made to see or hear the performances, only if the performances are not further transmitted beyond the establishment where they are received, and only if the original transmission is licensed by the copyright owners -- that is, the radio or television station, cable system or satellite carrier is licensed by the copyright owners or their performing rights organizations.
The scope of the exemption in the old law had been unclear, and led to much litigation. The new law contains objective standards which will enable both music users and copyright owners to determine whether particular radio-over-speaker and television performances are exempt from copyright liability. Two types of music users are exempt, under different standards: a food service or drinking establishment (defined as "a restaurant, inn, bar, tavern, or any other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink, in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly") and an other establishment (defined as "a store, shop, or any similar place of business open to the general public for the primary purpose of selling goods or services in which the majority of the gross square feet of space that is nonresidential is used for that purpose, and in which nondramatic musical works are performed publicly").
A food service or drinking establishment is eligible for the exemption if it (1) has less than 3750 gross square feet of space (in measuring the space, the amount of space used for customer parking only is always excludable); or (2) has 3750 gross square feet of space or more and (a) uses no more than 6 loudspeakers of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space; and (b) if television sets are used, there are no more than 4 televisions, of which not more than 1 is located in any 1 room and none has a diagonal screen size greater than 55 inches.
An other establishment is eligible for the exemption if it (1) has less than 2000 gross square feet of space; or (2) has 2000 or more gross square feet of space and satisfies the same loudspeaker and television set requirements as for food service or drinking establishments.
The new law should greatly reduce disputes as to whether particular radio-over-speaker and television performances are entitled to the exemption. And, of course, the law continues to require that public performances of copyrighted music by other means such as live music, records, cassette tapes, CD’s background music services, video tapes or laser discs require permission obtained either from the copyright owners or from their performing rights licensing organizations.
