Performance Licenses: The performance of musical works, for example, by playing songs on the radio, on television, on a website, or in stores, restaurants, bars, and nightclubs, is generally permitted under performance licenses issued by the three performing rights organizations (“PROs”): ASCAP (BMI (and SESAC (A new PRO has also recently entered the scene-Global Music Rights (On behalf of affiliated writers and publishers, PROs generally issue blanket performance licenses to music users, and license fees are based on a variety of factors. If an existing sound recording is to be used in the new audiovisual work, a master use license is also required from the record company. And, keep in mind that synch licenses generally only cover the musical work. Synchronization Licenses: This type of license, also known as a “synch” license, authorizes the reproduction of a musical work to be used in connection with visual images, such as a motion picture, television show, or television commercial. There is no statutory compulsory license for the reproduction of sound recordings, so master use license fees can vary widely. For example, one would need a master use license to put together a compilation record of existing recordings, to use a “sample” of an existing recording in a new song, or to use an existing recording in a film. Master Use Licenses: This type of license authorizes the reproduction of a sound recording, which is typically controlled by a record company. The royalty rates are set by the Copyright Royalty Board, which is composed of three full-time judges appointed by the Librarian of Congress.Īs we will discuss in our next post, the recently-enacted Music Modernization Act changes the process for obtaining and administration of the Section 115 compulsory license, particularly for digital music providers such as Spotify, Apple Music, and Tidal.
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