COPYRIGHT LICENSE FOR PLAYING MUSIC

1. INTRODUCTION

Music usually serves as a universal language, captivating audiences across geographical borders and cultures. However, behind every melody lies a bunch of legalities crucial for its fair and legal use. Copyright licences for playing music are the bedrock of this legal platform, ensuring that artists, composers, and producers receive due compensation and recognition for their creative artwork. These licences, governed by international agreements like the Berne Convention and domestic laws such as the DMCA or the Digital Millennium Copyright Act in the United State, establish the rights and permissions needed to play music in public places, broadcast it through various mediums, or use it for events and digital content creation. They not only protect intellectual property of musicians but also regulate the usage of their works, encouraging a balance between artistic freedom and rights of the creators. Understanding and obtaining the requisite copyright licences for playing music is an integral step in appreciating and respecting the art while adhering to legal mandates. When it comes to playing music in public or using music for specific purposes, it is typically needed to obtain the appropriate copyright licences to ensure someone is legally allowed to use the music. Here are a few common scenarios:

1.1 Public Performance License

A Public Performance License in the realm of music grants the legal right to publicly play or perform copyrighted music. It's a fundamental requirement for businesses, venues, broadcasters, and organizations that use music in public settings. This license ensures that the creators of the music receive fair compensation for their work when it's performed publicly. Entities like the ASCAP or the American Society of Composers, Authors, and Publishers[1], and SESAC[2] manage the performance rights for a vast catalog of songs. They act as intermediaries between those who wish to use the creators' music and the music creators. Businesses and venues typically obtain licenses from these organizations to legally play music within their premises or during events. The fees for these licenses can be varied based on factors such as size of the audience, the frequency of music usage, and the venue's capacity. The collected fees are distributed as royalties to the songwriters, composers, and publishers based on the performances of their works in these public settings. Failure to obtain a Public Performance License when playing copyrighted music in public could result in legal consequences for copyright infringement. Hence, securing these licenses is essential for businesses and entities to comply with copyright laws while enjoying the benefits of utilizing music in public spaces.

1.2 Streaming and Broadcasting

In the digital era, streaming music online or using it for broadcasting purposes, like in podcasts, radio stations, or online videos, necessitates appropriate licensing. Content creators must secure licenses directly from copyright holders or through entities such as SoundExchange which administers digital royalties[3]. There are Mechanical licenses that give access to reproduce and distribute copyrighted mechanical compositions. The Harry Fox Agency in the United States manages mechanical licenses for many compositions. Second comes the Performance Rights License which is similar to that of the public performance license, this license applies to the digital platforms reaming music. As mentioned earlier, services like ASCAP, BMI, and SESAC handle performance rights and issue licenses to streaming platforms for the songs they represent. Third comes the synchronisation license, if music is used in conjunction with visual media such as in movies, TV shows, or any other online videos, this license is necessary. This license allows the music to be synchronized with the visual content. Other platforms such as traditional radio stations, whether online or terrestrial, require broadcasting licenses that cover the performance rights for the music they play. These licenses ensure that the stations have the legal right to broadcast copyrighted music. To obtain all the above mentioned licenses, one must negotiate with the copyright holders or agencies that manage these rights. The costs and terms of these licenses, as mentioned earlier, is based on several factors. Compliance with these licensing requirements is crucial to avoid legal issues related to copyright infringement and to support the artists whose work is being used for streaming and broadcasting purposes[4].

1.3 Personal and Educational Use

For personal use such as playing music at home for private enjoyment or in small gatherings with family, or friends, specific licenses are generally not required. Similarly, educational institutions might have specific provisions allowing the use of copyrighted music for educational purposes, within certain limitations and guidelines. It's essential to note that copyright laws and licensing requirements differ by country and context. Legal implications for copyright infringement can be severe, making sure to ensure compliance. Seeking guidance from legal professionals well-versed in intellectual property law can help with the complexities of copyright licensing, ensuring that one operates within the bounds of the law.

2. Some internationally recognized laws

Copyright laws that specifically pertain to music can vary from country to country, but some internationally recognised laws and conventions influence copyright protection are-

2.1 Berne Convention[5]

This international agreement sets the standard for copyright laws among its member countries. It establishes minimum standards for copyright protection, including music. This includes protection of works without the need for any formal registrations, ensuring that copyright exists automatically upon the creation of a work. This convention provides creators with exclusive rights over their works, including the rights of reproduction of music, translation, adaptation, public performance, and broadcasting. It also specifies the minimum duration of copyright protection, generally extending for life of the author plus a certain number of years after their death.

2.2 DMCA [6]

DMCA or the Digital Mellinnium Copyright Act in the United States addresses copyright issues related to digital content, ofcourse, including music. It was first introduced in 1998 and it covers aspects like digital rights management or DRM and online copyright infringement.

2.3 CDPA, UCC, and EU Copyright Directive

CDPA or the Copyrights, Designs, and Patents act in the United Kingdom governs various forms of intellectual property, including music. It outlines rights of creators and the legal usage of copyright material[7]. the UCC or the Universal Copyright Convention is similar to that of the Berne Convention. The UCC provides guidelines for international copyright protection of artwork including music[8]. The EU copyright directive is implemented by the European Union, this directive aims to harmonise copyright laws across EU member states, addressing issues related to digital use, licensing, and fair compensation for creators, including musicians[9].

3. CONCLUSION

As discussed earlier, copyright licenses for public performance are the anchors, ensuring equitable compensation for for artists while establishing the enjoyment of musical expressions. From venues to digital platforms, these licenses safeguard creators' rights while facilitating lawful music usage. Understanding and obtaining these licenses not only coply with the legal mandates, but also honor the creative endeavours of musicians. They strike a balance, allowing a harmonious interplay between artistic freedom and intellectual property protection, in this case, the protection of music. Ultimately, securing these licenses stands as an essential step in upholding the integrity the musical artistry while maintaining the complex legal framework governing its usage.

4. CITATIONS

1. ASCAP, About Us, available at (https://www.ascap.com/about-us), last visited(01-01-2024).

2. SESAC, About Us, available at (https://www.sesac.com/about/), last visited(01-01-2024).

3. SoundExchange, What we do, available at (https://www.soundexchange.com/what-we-do/), last visited(01-01-2024).

4. USA licensing Explained, available at(https://radio.co/blog/stream-licensing-explained), last visited(01-01-2024).

5. Summary of the Berne Convention for the Protection of Literary and Artistic Works 1886, available at (https://www.wipo.int/treaties/en/ip/berne/summary_berne.html), last visited (01-01-2024).

6. The Digital millennium copyright act, Understanding copyright protection online, available at (https://www.dmca.com/FAQ/What-is-DMCA), last visited(01-01-2024).

7. CDPA 1988, available at (https://www.legislation.gov.uk/ukpga/1988/48/contents), last visited(01-01-2024).

8. The Universal Copyright Convention, available at (https://courier.unesco.org/en/articles/universal-copyright-convention), last visited(01-01-2024).

9. The EU Copyright Legislation, available at (https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation), last visited(01-01-2024).