Playing Songs In Public: Am I Breaking Copyright Law?

Playing music in public can be a legal grey area. On the one hand, it is illegal to play copyrighted music in public without a license. On the other hand, there are some exceptions to this rule, such as playing music in a small private setting or choosing from a limited selection of very old recordings that are no longer protected by copyright law. Playing music in a public place with an audience beyond family and friends is considered a public performance and requires a license from a performing rights organization (PRO). These organizations collect royalties on behalf of music publishers and songwriters, and failing to obtain a license can result in steep fines and even criminal charges. However, there are alternatives to working with PROs, such as playing royalty-free music or creating and performing one's own songs. Understanding the legal implications of playing music in public is crucial to avoid any potential legal consequences.

Playing music in a public place

Understanding Copyright Law

Firstly, it's crucial to understand that copyright law protects the creators of original works, including musicians, songwriters, and composers. Playing someone else's copyrighted song in public without a license is generally prohibited. This is because copyright owners have the exclusive right to authorize the public performance of their work. In most cases, a license is required to play music in a public place, and failure to obtain one can result in fines and legal consequences.

Public Performance Definition

According to US copyright law, a public performance refers to playing music in a public place with an audience beyond family members and friends. It includes playing music in restaurants, bars, retail stores, or any other public space where patrons or customers are present. Playing music in these settings requires a license from the copyright holder or a performing rights organization (PRO).

Obtaining a License

To play music in public legally, you need to obtain a license from the appropriate PRO, such as BMI, ASCAP, or SESAC. These organizations collect royalties on behalf of music publishers and songwriters. The cost of a PRO blanket license varies depending on the size of the facility, the number of people who will hear the music, and other factors. It's important to note that different songs may be protected by different PROs, so ensure you obtain the necessary licenses to avoid fines.

Exceptions to Licensing

There are a few rare exceptions to the licensing requirement for playing music in public. These include:

• Public domain: Playing very old recordings that are no longer protected by copyright law does not require a license. However, new recordings of old songs are likely still protected by copyright.
• Music for teaching: If you work for a nonprofit institution and teach a course in person, you may not need a license. However, distance learning and for-profit institutions require a license.
• Music for nonprofit events: Nonprofit institutions may be able to play music during events without a license, as long as they don't charge admission, use the event for commercial advantage, or receive a letter of objection from the copyright holder.
• Radio: Playing the radio in a small business with a limited number of speakers may not require a license, but you must include commercials.

Consequences of Non-Compliance

Fines for playing unlicensed music in a business can be steep. Copyright infringement fines range from $750 to $150,000 per instance. It's important to respect the copyright of musicians and obtain the necessary licenses to avoid these penalties and do the ethical thing.

Public performance definition

The definition of a public performance varies depending on the jurisdiction. In the United States, a public performance is defined as one that is "open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." This can include concerts, nightclubs, and restaurants. Broadcast and cable television, radio, and any other transmitted performance of a live song also fall under the definition of a public performance.

The US Copyright Code states that the copyright holder retains the ability to authorize public performance of a work. This means that performing, showing, or broadcasting a work in a public place may be prohibited unless permission is obtained from the copyright holder or a collective rights organization. Broadcasters can obtain permission by obtaining a license directly from the music's copyright owner or from a performing rights organization, such as ASCAP, BMI, or SESAC.

There are some exceptions to the requirement to obtain permission for a public performance. For example, performing a work at home or in another private place for family and friends is generally allowed. Additionally, according to the TEACH Act, works can be performed in a face-to-face classroom setting as long as they support the curriculum. Some educational videos are also purchased with public performance rights.

It is important to note that the definition of "public" in the context of copyright law can be broad and may include performances in a classroom or other performance spaces, even if they are not open to the general public. Therefore, it is always best to obtain written permission and pay any required fees or royalties to use copyrighted material in a public performance.

Copyright law

Playing music in public without a license is generally prohibited by copyright law. This is because copyright protection exists from the moment an original work is "fixed" in a tangible medium. Playing a song in public without the appropriate license is considered a public performance and infringes on the copyright owner's exclusive right to perform their work publicly.

A public performance is defined as playing music in a public place with an audience that extends beyond family members and friends. Playing music for your family during a private gathering, for example, may not require a license. However, playing music in a restaurant or bar for patrons is considered a public performance and requires a license.

There are a few exceptions to the requirement for a license to play music in public. These include:

• Playing music in the public domain, which includes very old recordings that are no longer protected by copyright law, or music specifically recorded to be royalty-free.
• Playing music for teaching purposes, as long as it is for a non-profit institution and taught in a face-to-face format.
• Playing music for non-profit events, as long as there is no admission charge, commercial advantage, or private financial gain.
• Playing the radio in a small business with a limited number of speakers.

Fines for copyright infringement can be steep, ranging from $750 to $150,000. To play music in public legally, businesses typically need to obtain a license from a performing rights organization (PRO) that collects royalties on behalf of music publishers and songwriters. These licenses can vary in cost depending on the size of the business, the number of people who will hear the songs, and other factors.

Public domain

Playing a song in public can be a copyright infringement if the song is not in the public domain. The public domain consists of creative works—such as music, text, and art—that are not protected by intellectual property laws, meaning they can be used or reproduced without permission. Music in the public domain includes songs that are very old, songs that were published without a copyright notice, and songs that the owner has chosen to dedicate to the public domain.

In the United States, songs published in 1929 or earlier are in the public domain. This includes sheet music and sound recordings. For example, George Gershwin's 1924 composition "Rhapsody in Blue" is in the public domain. Songs published between 1923 and 1977 without a valid copyright notice or with expired copyrights are also part of the public domain. Works created between 1964 and 1977 and published with a copyright notice are protected in the U.S. until 95 years after the initial publication. Songs published in the U.S. with a copyright notice on or after January 1, 1978, are protected by copyright for 70 years after the author's death.

In the European Union and Canada, sound recordings were protected by copyright for 50 years until 2013. On January 1, 2013, the Beatles' single "Love Me Do" entered the public domain. As of November 2013, European sound recordings are protected for 70 years, while in 2015, Canada changed the copyright length to 70 years.

There are several ways to determine if a song is in the public domain. One way is to check the publication date and compare it to the copyright protection laws of the country where the song will be played. Another way is to refer to resources such as the Public Domain Information Project, which provides lists of public domain songs and sound recordings. Additionally, some organizations like the Creative Commons provide access to public domain works and allow copyright owners to dedicate their works to the public domain.

Music licensing

Firstly, it's essential to understand that playing music in public falls under copyright law. Copyright law protects original works, including songs, and gives the copyright owner exclusive rights to their use. When a song is played in public, it is considered a "public performance," and the copyright owner has the right to control how their work is used and to receive compensation.

To legally play music in public, you will need to obtain a public performance license from the relevant performing rights organizations (PROs) or collective management organizations (CMOs). PROs and CMOs represent songwriters and music publishers and are responsible for collecting and distributing public performance royalties. Examples of PROs include BMI (Broadcast Music, Inc.), ASCAP (American Society of Composers, Authors, and Publishers), and GMR (Global Music Rights).

It's important to note that no single PRO or CMO holds the rights to every song. In many cases, a song may be written by multiple people, each represented by a different organization. Therefore, it is crucial to identify the specific PROs or CMOs that manage the rights to the songs you want to play. This can be done by searching through their databases or looking for credits on official music videos, CDs, or records.

Once you have identified the relevant PROs or CMOs, you will need to obtain a license from them. There are two main types of licenses: singular licenses, which cover a single song, and blanket licenses, which cover all songs in the PRO's or CMO's catalog. The cost of these licenses can vary depending on the size of your business, the number of people who will hear the songs, and other factors.

In some cases, there are exemptions to the requirement for a public performance license. For example, playing music for teaching purposes in a non-profit institution or using music for a non-profit event may not require a license. Additionally, small businesses below a certain size may be able to play music from the radio or TV without a license, as long as they don't charge for the exhibition and don't omit commercials. However, these exemptions come with strict rules and regulations, and violating them can result in fines.

Fines for playing unlicensed music in public can be steep, ranging from $750 to $150,000. To avoid these penalties and ensure legal compliance, it is crucial to obtain the necessary public performance licenses before playing music in public.

Frequently asked questions