Expert: Terrance Copley - 10/20/2007

Question
Hi Terrance,

I play with a 9-piece brass ensemble, and we typically do our own arranging.  Our performances are all free and open to the public -- done for our and their enjoyment.  Some festivals may pay a nominal fee (e.g., $40 for 2 hours), but that is it.  

I don't know what the licensing requirements (if any) are for us to perform arrangements of copyrighted works in such a setting.  We are not selling the arrangements, nor recordings, and no one is charged to listen.  Our arrangements are typically done from a condensed score or similar.

If it helps to consider a specific (if hypothetical) example,say we hear a great piece in the latest WB movie to come out.  We find that we can get a piano score of the piece from Alfred Publishing for $5 and do so.  The work is copyrighted by Warner-Olive Music, rights administered by WB Music Corp.  What would we need to do to be "legal" (and if it's a different answer, what is generally done)?

Thanks so much for your time and experience!
  -Art

Answer
Hi Art....great question !

Yes, it's legal to play cover songs live, provided the promoter or club owner pays the music license fee for each song.I need to stress that in the 23 years i have played non-stop in clubs and festivals, i have never-ever had anyone to come up to me and say " hey, where's you permission slip to play that song" your not selling them and your not on radio, therefore, play them to your hearts content. Its no big deal....REALLY. Here is some info for you but beware, if you mention this stuff to the promoters / clubs, you may talk yourself right out of a gig. Its not you that would get in trouble anyways, it would be the clubs / festivals responsibility....not yours. If you want to cover all you base's, ask them and give them a set list just incase. In the live music industry the law states that the house pays the BMI, ASCAP, or SESAC song licensing fees for live performances, not the artist. In the case of a club that hires its own bands and promotes its own shows, the club is the "house" and pays the BMI/ASCAP/SESAC music licensing fees--usually in the form of a blanket license that's paid periodically and covers all the music that's played live in the club. ASCAP puts it best: "Since it is the business owner who obtains the ultimate benefit from the performance, it is the business owner who obtains the license."

In the case of large venues such as arenas and stadiums, the "house" is usually the promoter of the show, because for business purposes the venue is simply a shell which is rented to the business owner (promoter), who actually obtains the ultimate benefit from the live performance. Therefore, for a concert at a large venue, it's customary for the promoter to pay the music license fees associated with that performance.

Always give two copies of that night's set list to the promoter for their music license record keeping. (It's helpful to promoters and club owners who operate within the law, and the response you get is often a good way to find out which clubs don't.) The set list for music licensing record keeping should contain the song title, artist, composers, and, to be the most effective, should contain the publisher and whether each song is ASCAP, BMI, or SESAC. (This info is easily obtainable by Google-ing each song title.) The "house" will remember your effort, and it's good karma...Wouldn't you want someone to take time to properly log your music so you get paid?

Here's an example of a good set list for music license record keeping:

Cover/Original  Title  Artist/Composers Publishing Co. Perf. Rights Org.

C   "Live Song" The Live Band/ I.M Live   Live Music, Inc.   ASCAP

By the way, it works the same way for DJs and other entertainers who use recorded music for their performances: the house always pays the music licensing fees. So technically speaking, a trip your favorite strip club helps support the music industry. Enjoy, guys!