Music Licensing for YMCA

Although some companies claim to provide copyright clearance, this does not apply in the U.S. You must have a BMI license to publicly perform BMI music from CDs and other digital audio files that you purchase, even those specifically designed for group fitness use.

In addition, any music that may be included on equipment such as treadmills, stationary bikes, etc. must be licensed by you through a BMI agreement as those companies have not secured licensing for the music they provide.

Check your music service’s agreement. Commercial music services, which are licensed with BMI, provide BMI music for background use only - in your locker rooms, open gym, lounge or lobby area. Once you use music to accompany aerobics, or other group fitness classes, your performance of music falls outside the scope of coverage afforded by your commercial music service agreement and you must obtain a BMI agreement to cover your performances.

Since it’s your business or organization that’s benefiting by the performance of music, you are responsible for ensuring that your YMCA is properly licensed. This responsibility cannot be passed on to anyone else even if the instructors hired are independent contractors.

Yes, TV, cable, and radio stations enter into license agreements with BMI. However, these agreements do not cover the re-broadcast of such TV, cable, and radio to the public at YMCA’s. In fact, public performances of radio and TV are specifically addressed in Title 17, Section 110(5) of the U.S. copyright law, which states that any establishment, other than a food service or drinking establishment, that is 2000 square feet or larger must secure public performance rights for TVs or radios if the following conditions apply:

• For TV, if the YMCA is using:
1. more than four TVs; or
2. more than one TV in any one room; or
3. if any of the TVs used have a diagonal screen size greater than 55 inches; or
4. if any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space.

• For radio, if the YMCA is using:
1. more than six loudspeakers; or
2. more than four loudspeakers in any one room or adjoining outdoor space.

Football/Baseball/Soccer or Other Sporting
Events
Desperate Housewives
E.R.
Extreme Makeover: Home Edition
Grey’s Anatomy
House
Law & Order
Lost
Medium
NCIS
Two And A Half Men
The Amazing Race
Without A Trace

Once you secure a BMI Music Performance Agreement, all of this music is available for use in your YMCA. For a list of the more than 375,000 songwriters, composers, and music publishers who are affiliated with BMI, as well as their more than 6.5 million musical works, please visit our website at http://www.bmi.com. You can also call the BMI repertoire information line at 1-800-800-9313 for information on specific titles.

If your YMCA licenses directly on a BMI Music Performance Agreement you are eligible for:

• 5% Timely Pay Discount – You can save 5% if you return your payment within 30 days.
• 10% YMCA Association Discount

If you license directly on the YMCA of the USA Group Agreement, you are eligible for:

• An additional 20% discount, bringing the total discount available to 35%.