
If BMI Licenses only the Public Performance Right, what other music copyrights are there, and how do they affect my business?
Public Performance Right
The Public Performance Right is the exclusive right the U.S. Copyright Law gives to the creator of a musical work or other copyrighted material to authorize the use of the work in public. Every time a song is performed on a local cable program, cable programming service or broadcast over a radio or television station, there is a public performance that requires the authorization of the copyright holder. Without this authorization, which must be obtained from the copyright holder or its representative, there is an infringement of copyright.
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Copyrights Path Continued…
Performing rights licenses are required when businesses have live or recorded music playing.
Businesses such as TV and radio stations use music everyday, as do restaurants, health clubs, theme parks, or corporations. Whether it is a bar hiring bands to attract customers to their establishment or a gym playing music for their members in aerobics classes, businesses need to obtain a performing rights license for each song used even if the music is only for their employee’s enjoyment.
It does not matter how the song is performed. Be it a live band, radio, CD or tape, the music user must have the permission of the song’s owner to perform it in their place of business.
John explains that although Rhyme Music is willing to help Trevor and his music become successful, the best way to protect his performing rights is to work with a performing rights organization. Due to National Music’s current affiliation with BMI and the fact that many of the songwriters John works with are also affiliated with BMI, John highly recommends BMI to Trevor.
Trevor took the advice of his publisher and has since been in touch with BMI to learn more about how to ensure his performing right is protected. He did not realize that BMI operates on a non-profit basis, distributing more than 85% of its annual revenue to its affiliated songwriters and music publishers. He feels affiliating with BMI will be the right step toward good representation of his music.
As far as Trevor’s career is concerned, he met Chris Scott Lewis, a fellow writer, at a BMI showcase for songwriters in downtown New York. The two are now collaborating on a project they intend to play for John at Rhyme Music when completed.
Interaction and its soundtrack are due out in the Fall. The royalties from the song should help Trevor spend more time writing and composing and less time taking orders and wiping off tables.
