Thread: Legal Use of Music for Performances

I'm slowly transitioning from hobbyist to professional. The idea of getting paid to do what I love is so exciting! But I don't really know how to handle the issue of legally using music when I perform at restaurants, clubs, and other paying venues.

Does anyone have any insight or at least point me in the right direction to find more information?

When performing professionally, it is the responsibility of the venue to hold the required licenses from BMI/ASCAP/the appropriate agency for your region. You generally only have to worry about music rights if you are going to be filmed for sale or if you are hosting the event/venue yourself (such as a studio you own).

Originally Posted by mahsati

When performing professionally, it is the responsibility of the venue to hold the required licenses from BMI/ASCAP/the appropriate agency for your region. You generally only have to worry about music rights if you are going to be filmed for sale or if you are hosting the event/venue yourself (such as a studio you own).

Ah. That makes sense. And if I'm ever to come across those situations, being filmed and/or hosting, how should I go about getting the music rights?

Thanks so much!

Originally Posted by TerraNovan

Ah. That makes sense. And if I'm ever to come across those situations, being filmed and/or hosting, how should I go about getting the music rights?

Thanks so much!

Not everyone stays within the law, but, in the US, the basics are:

For performance at a venue where you would be handling the rights, you would need to contact BMI/ASCAP/or the appropriate regional agency. The costs vary widely based on the type of license and use. If the music you are using is not covered by any agency, then the rights are with the artist and you would need to contact them directly. Most people who own venues/studios have annual contracts with the agencies to pay for all use during the year. For special events, you can usually get a fee per use.

For videos, you need to have separate rights from the performance rights. In general, you have to find out who holds the reproduction/synchronization rights for video inclusion. This can be the artist, an agency, a record company, or other party. These rights have to be contracted separately from the performance rights in most cases. Cost varies based on number of videos/dvds to be sold, types of use in the video, amount of use, and whether it includes promotional/advertising use of the music.

Broadcast television has an entirely different set of rules, so if they will be broadcasting your video on tv, you would need additional rights.

It can all be really confusing, so I recommend talking to a lawyer if you plan any events or videos.

Good luck!