Yes. Anytime music is publically performed, either live or by playing a recording through a sound system, a \u201cperformance license\u201d is required. A \u201cperformance license\u201d is a fee paid to the composer for the right to perform his or her composition publically (as opposed to performing music in your living room for friends and family.) Whenever you hear music being played in a department store, or in a restaurant, or in an elevator\u2014even though its being played in the background and even though there are no fees or tickets to listen to the music\u2014someone, somewhere has paid a performance license so you can enjoy an enhanced shopping, dining, or elevator-riding experience. Similarly, whenever music is performed live at a concert hall, nightclub, restaurant, or even, yes, at a private wedding held at a country club, someone, somewhere must obtain a performance license.<\/p>\n
As the owner\/operator of a performance space\/venue, it is your legal responsibility to ensure that the necessary rights and authorizations have been obtained with respect to all copyrighted music that is publicly performed in your venue\u2014even if the \u201cperformance\u201d is for a private party. Just because the party is \u201cprivate\u201d or \u201cby invitation only\u201d, a country club itself is a public venue and the wedding guests are \u201cpublic.\u201d So, if your space is used for a wedding, and the happy couple hires a wedding band, it is your responsibility to ensure that there are appropriate licenses for the music being performed by the band.<\/p>\n
While you could require the band or the event organizer to obtain the necessary licenses, that will not relieve you from responsibility (ie: liability) should they fail to do so. Most venues where live music is performed are better advised to obtain blanket performance licenses from the three performance rights licensing organizations: ASCAP, BMI and SESAC. Each of these organizations controls the rights to 1000s of compositions and a \u201cblanket license\u201d permits all the music from their catalogs to be performed at your venue. Its like one stop license shopping. While this will require you incur the license costs yourself, you can pass the costs along through your rental fees. Its also the best and only way to ensure that your legal responsibility as the owner\/manager of the venue is being met. In other words, you need to obtain music licenses for the same reason you carry insurance: to protect the venue from liability.<\/p>\n
If nothing else, think of it this way: for many artists\/composers with lousy record deals, their performance licenses may be the only fees they receive for their work. If dancing and listening to their music makes the wedding guests happy, and happy wedding guests means happy Country Club members\/renters, then all that happiness is at least worth a fee to the composer.<\/p>\n
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“Law & Disorder:Performing Arts Unit” will take a short break on Wednesday, July 4. Our next post will be on Wednesday, July 11. <\/span><\/strong><\/p>\n ________________________________________________________________<\/p>\n For additional information and resources on this and other ![\"\"](\"http:\/\/www.musicalamerica.com\/mablogs\/wp-content\/uploads\/2012\/05\/ftm-arts.gif\")
<\/a>legal and business issues for the performing arts, visit ftmartslaw-pc.com<\/a>.<\/p>\n