Performing rights: Difference between revisions
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{{distinguish|Performer rights}} |
{{distinguish|Performer rights}} |
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'''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 [[Music publisher (popular music)|publisher]] (with the [[royalties]] generally split 50/50 between the two). Section 106 (4) of the copyright statute also provides copyright owners with the exclusive right to publicly perform their literary, dramatic, musical, choreographic, pantomime, or audio-visual work.<ref>US Copyright Act 1976</ref> |
'''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 [[Music publisher (popular music)|publisher]] (with the [[royalties]] generally split 50/50 between the two). Section 106 (4) of the copyright statute also provides copyright owners with the exclusive right to publicly perform their literary, dramatic, musical, choreographic, pantomime, or audio-visual work.<ref>US Copyright Act 1976</ref>It is important to note that the copyright statute provides a limited right of public performance in sound recordings which is limited to public performances only “by means of a digital audio transmission”<ref>Section 106 (6), US Copyright Act 1976. </ref>. |
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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. |
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. |
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Musician and civil rights activist, [[George Clinton (musician)|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.{{Citation needed|date=July 2011}} |
Musician and civil rights activist, [[George Clinton (musician)|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.{{Citation needed|date=July 2011}} |
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== Meaning of "public" and "performance" == |
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For the purpose of understanding the contents of the right of public performance, it is important to understand the meaning of the words “public” and “performance”, which have been defined under Section 101 of the Copyright Statute. As per the statute, perform means “to recite, render, play, dance, act, either directly or by means of any device or process, or in the case of a motion picture, to show its images in any sequence, or to make the sounds accompanying it audible." Presentations by live musicians<ref>Herbert v. Shanley Co., 242 U.S. 591 (1917) </ref> |
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==External links== |
==External links== |
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Revision as of 02:48, 8 May 2017
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). Section 106 (4) of the copyright statute also provides copyright owners with the exclusive right to publicly perform their literary, dramatic, musical, choreographic, pantomime, or audio-visual work.[1]It is important to note that the copyright statute provides a limited right of public performance in sound recordings which is limited to public performances only “by means of a digital audio transmission”[2].
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 concerts, nightclubs, restaurants 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.[citation needed]
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, BMI and SESAC to use all of the music in their repertoires. ASCAP, BMI and 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.
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.[citation needed]
Meaning of "public" and "performance"
For the purpose of understanding the contents of the right of public performance, it is important to understand the meaning of the words “public” and “performance”, which have been defined under Section 101 of the Copyright Statute. As per the statute, perform means “to recite, render, play, dance, act, either directly or by means of any device or process, or in the case of a motion picture, to show its images in any sequence, or to make the sounds accompanying it audible." Presentations by live musicians[3]
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