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Music Copyrights, Part 2: Performing Copyright Music
Performing copyrighted music, often referred to as “cover songs,” is a common practice among musicians and music groups. Whether you’re playing at local venues, rehearsing for an upcoming performance, or sharing resources with band members, it’s important to understand the legal requirements surrounding the use of copyrighted material. Licensing is a critical aspect that musicians need to consider to avoid legal complications and ensure that the original creators are fairly compensated. In this video, we’ll explore the types of licenses required for performing cover songs, sharing rehearsal resources, and distributing printed sheet music.
1. Performance Licenses
When performing cover songs in public, whether it’s at a bar, concert venue, or any other public space, you need a performance license. This license grants you the legal right to perform a song publicly. However, typically the venue where the performance takes place is responsible for acquiring these licenses from Performing Rights Organizations or PROs.
Performing Rights Organizations (PROs)
In the United States, the primary PROs are the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC. These organizations issue blanket licenses to venues, allowing them to legally host performances of songs from their vast catalogs. As a musician or nonprofit director, you should ensure that the venue where you’ll be performing has obtained the necessary licenses from the relevant PROs to cover your performance. If you are playing in venues that are not covered by a PRO, you will need to contact the PRO to request a license for that performance. This process takes time, so don’t wait until the day before the gig to figure this out.
2. Licensing for Rehearsal Resources
When preparing for a performance, musicians often create and share resources such as rehearsal recordings, lead sheets, and other materials to facilitate the practice process. It’s important to recognize that these materials may also be subject to copyright protection, and sharing them without the proper licenses can lead to legal issues.
Rehearsal Recordings
If you record rehearsals that include performances of copyrighted songs, sharing those recordings with band members or others might require a license, depending on how the recordings are used. While these recordings are typically intended for internal use, distributing them beyond the rehearsal group could necessitate a mechanical license, especially if the recordings are shared digitally.
Lead Sheets and Chord Charts
Sharing lead sheets and chord charts with band members is generally permissible for educational and preparatory purposes under the doctrine of fair use. However, distributing these materials more broadly, especially for commercial purposes, may require a print license. Just pay close attention to how your rehearsal materials are distributed and limit those materials to band members only.
3. Print Licenses
If you intend to distribute sheet music or other printed arrangements of a copyrighted song to your group, such as a choir, orchestra, or big band, the best way to cover this is to purchase enough copies of the sheet music to cover each member of your group. However, if published versions of the sheet music are unavailable, you may need to obtain a print license to cover making copies for your group. A print license allows you to legally reproduce and distribute the song’s notation, whether it’s in the form of traditional sheet music or other written arrangements like lead sheets or chord charts.
Securing Print Licenses
Print licenses are typically obtained from music publishers or licensing agencies that manage the rights to the song’s composition. In some cases, print licenses may also be required for creating custom arrangements, even if they are merely shared among band members. It’s important to clarify the scope of the print license to ensure that all intended uses are covered.
Conclusion
Understanding the different types of licenses required for performing cover songs and sharing rehearsal resources is essential for musicians who want to avoid legal issues and respect the rights of the original creators. Performance licenses, considerations for rehearsal recordings, and print licenses all play a role in ensuring that music is used legally and ethically. By obtaining the appropriate licenses, musicians can focus on their craft with the confidence that they are in compliance with copyright laws.
It’s important to familiarize yourself with these licensing requirements and work with professionals, such as PROs, licensing agencies, legal advisors, or a service like ProArts, to navigate the complexities of music licensing. Taking the time to understand and secure the necessary licenses is a crucial step in your musical journey.
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