Performing rights
Encyclopedia
Performing rights are the right to perform music
in public. It is part of copyright
law and demands payment to the music’s composer
/lyricist
and publisher (with the royalties
generally split 50/50 between the two). Public performance means that a musician or group who is not the copyright holder is performing a piece of music live, as opposed to the playback of a pre-recorded song. Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concert
s, nightclub
s, restaurant
s etc. Public performance also includes broadcast and cable television
, radio
, and any other transmitted performance of a live song.
Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization.
In the United States
, broadcasters can pay for their use of music in one of two ways: they can obtain permission/license directly from the music’s copyright owner (usually the publisher), or they can obtain a license from ASCAP and BMI
to use all of the music in their repertoires. ASCAP and BMI along with the much smaller SESAC
are the three performing rights societies in the U.S. and once they receive payment from the broadcasters they are responsible for compensating the music authors and publisher. Nearly every professional composer, songwriter
, lyricist and publisher is a member of a performing rights society and the income received from them is a major source of their income.
On February 4, 2009, Congressman John Conyers, Jr.
introduced H.R. 848, the Performance Rights Act in the U.S. House of Representatives, 111th Congress. The Bill was referred to the House Judiciary Committee and on December 14, 2010, it was placed on the Union Calendar, Calendar No. 405. Under this Bill's version, performance rights was broadly designed to protect the civil rights of minority, religious, rural, and small communities with components to public access and education.
Musician and civil rights activist, George Clinton
has spearheaded the H.R. 848 initiative to preserve, promote and protect a legacy of peace for children through his foundation, Mothers Hip Connection, with public awareness educational campaigns on copyright recapturing and reclaiming royalties for children of civil rights era musical performers.
Music
Music is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...
in public. It is part of copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
law and demands payment to the music’s composer
Composer
A composer is a person who creates music, either by musical notation or oral tradition, for interpretation and performance, or through direct manipulation of sonic material through electronic media...
/lyricist
Lyricist
A lyricist is a songwriter who specializes in lyrics. A singer who writes the lyrics to songs is a singer-lyricist. This differentiates from a singer-composer, who composes the song's melody.-Collaboration:...
and publisher (with the royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
generally split 50/50 between the two). Public performance means that a musician or group who is not the copyright holder is performing a piece of music live, as opposed to the playback of a pre-recorded song. Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concert
Concert
A concert is a live performance before an audience. The performance may be by a single musician, sometimes then called a recital, or by a musical ensemble, such as an orchestra, a choir, or a musical band...
s, nightclub
Nightclub
A nightclub is an entertainment venue which usually operates late into the night...
s, restaurant
Restaurant
A restaurant is an establishment which prepares and serves food and drink to customers in return for money. Meals are generally served and eaten on premises, but many restaurants also offer take-out and food delivery services...
s etc. Public performance also includes broadcast and cable television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
, radio
Radio
Radio is the transmission of signals through free space by modulation of electromagnetic waves with frequencies below those of visible light. Electromagnetic radiation travels by means of oscillating electromagnetic fields that pass through the air and the vacuum of space...
, and any other transmitted performance of a live song.
Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, broadcasters can pay for their use of music in one of two ways: they can obtain permission/license directly from the music’s copyright owner (usually the publisher), or they can obtain a license from ASCAP and BMI
Broadcast Music Incorporated
Broadcast Music, Inc. is one of three United States performing rights organizations, along with ASCAP and SESAC. It collects license fees on behalf of songwriters, composers, and music publishers and distributes them as royalties to those members whose works have been performed...
to use all of the music in their repertoires. ASCAP and BMI along with the much smaller SESAC
SESAC
SESAC, originally the Society of European Stage Authors & Composers, is the smallest of the three performance rights organizations in the United States. SESAC was founded in 1930, making it the second-oldest performing rights organization in the U.S. SESAC is also the fastest-growing PRO in the...
are the three performing rights societies in the U.S. and once they receive payment from the broadcasters they are responsible for compensating the music authors and publisher. Nearly every professional composer, songwriter
Songwriter
A songwriter is an individual who writes both the lyrics and music to a song. Someone who solely writes lyrics may be called a lyricist, and someone who only writes music may be called a composer...
, lyricist and publisher is a member of a performing rights society and the income received from them is a major source of their income.
On February 4, 2009, Congressman John Conyers, Jr.
John Conyers
John Conyers, Jr. is the U.S. Representative for , serving since 1965 . He is a member of the Democratic Party...
introduced H.R. 848, the Performance Rights Act in the U.S. House of Representatives, 111th Congress. The Bill was referred to the House Judiciary Committee and on December 14, 2010, it was placed on the Union Calendar, Calendar No. 405. Under this Bill's version, performance rights was broadly designed to protect the civil rights of minority, religious, rural, and small communities with components to public access and education.
Musician and civil rights activist, George Clinton
George Clinton (musician)
George Clinton is an American singer, songwriter, bandleader, and music producer and the principal architect of P-Funk. He was the mastermind of the bands Parliament and Funkadelic during the 1970s and early 1980s, and launched a solo career in 1981. He has been cited as one of the foremost...
has spearheaded the H.R. 848 initiative to preserve, promote and protect a legacy of peace for children through his foundation, Mothers Hip Connection, with public awareness educational campaigns on copyright recapturing and reclaiming royalties for children of civil rights era musical performers.
External links
- ASCAP's home page
- Common terms used in music licensing
- BMI's home page
- SESAC's home page
- Contact information for ASCAP, BMI, SESAC, and more
See also
- Copyright collectiveCopyright collectiveA copyright collective is a body created by copyright law or private agreement which engages in collective rights management...
- Performer rights
- United States v. ASCAPUnited States v. ASCAPUnited States v. American Society of Composers, Authors and Publishers et al., No. 09-0539, 2010 WL 3749292 , was a United States Court of Appeals case involving copyright liability for third-party vendors that provide online music download services...