Making the Music Come Alive … Legally

Copyrights, Performance & Recording Licenses
Composers/Authors/Printers/Proprietors/Publishers/Copyrights/and more!
(Third in a four-part series.)

By Judith Galloway, Hood River Valley Chorus, Region 24

(Note: The fees listed in this document are current as of July 12, 2006, and are subject to change.)

Last issue covered the ins and outs of purchasing and protecting sheet music. This issue will feature information about performance licenses. The fourth part of the series in October will review audio recordings and mechanical licenses.

Performance Licenses

Each time a song is performed in public, the songwriter is entitled to receive royalty income for that public performance. To eliminate the need to negotiate separate licenses, songwriters or their music publishers affiliate with performing rights societies. ASCAP, BMI and SESAC are the performing rights societies in the U.S. SOCAN is the Canadian counterpart to the three U.S. organizations. These associations specialize in negotiating performing rights licenses on behalf of the copyright holders and collecting performing rights royalties. Sweet Adelines International has contracts with the organizations in the U.S. These agreements keep the performance licensing fees lower for choruses and quartets than what the general public would be charged.

Public Performance Fees

There are two main types of public performances for choruses and quartets, those where the choruses/quartets are not responsible for paying the performance fees, and those where the choruses/quartets are responsible.

When choruses and/or quartets are asked or hired to perform at a function put on (“produced”) by someone else, all performance fees are the responsibility of the producing group/individual. It is not the chorus or quartet members’ responsibility to ask if the producer has complied.

For performances that we plan and put on ourselves (shows, cabarets, free public performances), we are responsible for paying the performance fees.

Exception #1: Parades are exempt from any Public Performance Fees.

Exception #2: Private performances are not considered public, thus fees are not required. Singing in a nursing home or at a private dinner would fall under this exception.

Exception #3: Activities such as Singing Valentines do not require licensing, as they are considered private performances.

Performance Fees: Shows/Performances held in the U.S.

Here’s some basic information about the performance licensing fees for hosting a chorus show.

Sweet Adelines International members: Chorus treasurers should have the form available (the form contains the rate structures for ASCAP, BMI and SESAC). Members can also download the form from the Web site: http://www.sweetadelinesinternational.com/request-for-performance-license.pdf

Sample Fees: Show with Admission — U.S.
(500 seating, 400 tickets sold for $10 each — Gross Revenue of $4,000)

ASCAP (.68%) $27.20
BMI $20
SESAC $9.50

Sample Fees: Show with NO Admission — U.S.
(500 seating, 400 in audience — no revenue)

ASCAP (min) $25
BMI (min) $20
SESAC $9.50

Performance Fees: Shows/Performances held in Canada
Here’s some basic information about the performance licensing fees for hosting a chorus show.

Canadian Sweet Adelines International members: Choruses and quartets can go directly to the SOCAN Web site (www.socan.ca) and follow the instructions. SOCAN will send a form that is fairly easy to fill out.

Sample Fees: Show with Admission — Canada
(500 seating, 400 tickets sold for $10 each — Gross Revenue of $4,000)

SOCAN (3% + GST) $120

Sample Fees: Show with NO Admission — Canada
(500 seating, 400 in audience, no revenue)

SOCAN (min) $20

*The next issue will feature information on audio recordings and mechanical licenses.

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