Music Licensing for Zoos & Aquariums

Whether it’s a live performance or recorded music, zoos and aquariums use music to enhance exhibits, entertain visitors, and create an atmosphere that reaches people and holds their attention. It is a universal form of expression, education, and communication that everybody - young or old - can relate to.

BMI is a non-profit-making performing right organization that has been in operation for more than 65 years. Its purpose is to provide licensing to businesses and other entities that publicly perform music, as required by the U.S. copyright law, which states that copyright owners have exclusive rights to their music including public performance rights.

BMI currently represents more than 375,000 songwriters, composers, and music publishers and their more than 6.5 million copyrighted musical works. Through comprehensive licensing agreements like the BMI Music Performance Agreement for Zoos and Aquariums, BMI’s service saves music users the time and expense of contacting each and every copyright owner for permission to use their music publicly.

Our zoo/aquarium customers requested one music agreement that better serves the way music is used by zoos and aquariums. In the past, many zoo and aquarium customers have been licensed under various BMI music agreements. The new music agreement for zoos and aquariums eliminates the need for multiple agreements.

The agreement covers all Recorded Ambient Music such as CDs, MP3s, DVDs, etc., and Live Entertainment such as bands, concerts, DJs, VJs, etc. It does not include dramatic rights or rebroadcasts of licensed performances outside of the zoo or aquarium.

Your zoo or aquarium, as the presenter of an exhibit, show, or event, is responsible for all music used within the scope of the presentation. This responsibility remains regardless of whether or not the presentation is for non-profit purposes.

Yes. The copyright law applies to for-profit and not-for-profit performances alike. Though there is an exemption when there is no payment or other compensation to the performers, promoters, or organizers of the event, there must also be no direct or indirect admission charge of any kind. All proceeds for the performance, after deduction of the reasonable cost of producing the event, must also be used exclusively for educational, religious, or charitable purposes. Only in these narrowly-defined circumstances is an exemption granted.

Works created before January 1, 1978 may be protected by copyright for a term of 95 years; works created on or after January 1, 1978 are protected during the lifetime of the creator(s) plus 70 years. Those compositions which are no longer protected fall into the public domain and do not require licensing.

The zoo/aquarium fee structure is based on two types of music: Ambient and Live Musical Performances, and attendance and entertainment costs.

Ambient music includes the use of CDs, digital audio files, and DVDs, etc. that are performed as background or foreground music or as part of audio visual presentations.

Live Musical Performances include live performances by singers or musicians or recorded music performances by a DJ, VJ, or emcee.

The fee for the first contract year may be submitted with the music agreement or invoiced and paid within 30 days after the agreement is executed. The annual licensing fee for each subsequent contract year is invoiced based on Actual Attendance and Live Entertainment Costs for the previous contract year. It is due within 20 days of the start of the new contract year. In addition, this annual fee is adjusted by the increase or decrease in the Consumer Price Index (CPI).

For your reference, you can access a downloadable copy of the Zoo/Aquarium Report Form on this page. The form requests simple information on attendance, live entertainment costs, recorded music and ownership changes etc.

In addition, with no less than thirty (30) days advance written notice, BMI may exercise the option of requesting a licensee provide a music use report for no more than 3 days of the licensee’s live and recorded music use activity during the contract year. This report will be used to confirm the use of our copyright owners’ music so that BMI may compensate them correctly.