SongTrellis
Music and Musical Know-how For You

Author:  David Luebbert Posted:  2/23/02; 12:52:05 AM Topic:  FAQ Msg#:  2418 (in response to 2417) Prev/Next:  2417/2419 Reads:  2036

Steve,

    This would be a performance under copyright law so to be in conformance with the law someone at your  performance venue would negotiate a performing rights license with the usual licensing organizations, ASCAP and BMI.

   There are many fair uses of musical materials (using excerpts in reviews, educational materials, and scholarly papers, making copies for your own use of recordings that you have purchased) but performing the entire tune is not one of those.

 In practical terms, a one time performance at a local library will be totally under the licensor's radar. If performances are regularly scheduled at the library and they go on for years, an agent for the licensing organizations may notice and will force negotiation of  a fee for the license they require.

The fact that a performance is apparently free is of no interest to the licensing organizations. They have been forcing summer camps to obtain performance licenses for the usage of copyrighted kid's tunes like "Happy Birthday". Every dining establishment in the U.S. seems to have their own horrid non-infringing birthday song to perform for patrons in order to avoid having to negotiate a license with ASCAP. Every bar or tavern that presents live music eventually is approached by the licensing organizations. Every non-commercial radio station, even the smallest 10 watt station run by an educational institution or a non-profit community organiztion, pays thousands of dollars per year in licensing fees to ASCAP and BMI.

The good news for you is that they never go to the performing artist to negotiate the license. They go after the folks who run the venue. I think you can go ahead and do your performance in good conscience.

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