How to get permission to play copywrited music in any public area in the world?

July 31st, 2010 by admin

To use any piece of music that is in copyright, you must first get permission. The type of permission required depends on how you wish to use the music.

Music can be used in four broad categories under copyright law: Adaptation, Recording, Reproduction, and Public Performance. Depending on where and how someone is going to use a song, there are mechanical rights and synchronization rights that have to be negotiated, and the various parties involved may include the songwriter, publisher, and record company, usually holder of the master rights.  You may not be aware that the sound recording copyright symbol is represented by the letter “P” enclosed in a circle. The copyright notice of sound recordings should include the three following elements: the sound recording copyright symbol, the year of first publication of the sound recording, and the name of the owner of copyright in the sound recording, or an abbreviation by which the name can be recognized. If the producer of the sound recording is named on the media labels or containers, and if no other name appears in conjunction with the notice, the producer’s name shall be considered a part of the notice. The following types of music cannot be used for public performance: – Illegal Downloads (from P2P Networks etc.) – Unlicensed Internet Radio Services  – Licensed On Demand / Interactive music services. As these are services that let users play specific tracks in an order of their choosing or to create customised ‘radio’ stations playing a range of music / artists they have selected, there is no way to pass royalty fees to the artist.

The following sources of music can be used: – Legally purchased downloads on condition that the usage complies with the Digital Rights Management (DRM) rules accompanying the download. For example, if the download is restricted to being held and played back from a specific PC or MP3 player, the public performance has to be sourced from that PC or MP3 player. If the download rules allow the track to be burnt to a CD that CD can then be used for public performance in the same way as any conventional commercial CD.

In the UK, two organisations grant music licenses. It is usually the case that you will have to obtain music licenses from both organisations and therefore you will have to pay two sets of fees. The first organisation is Phonographic Performance Limited, who enforce performance rights in sound recordings and performances. The second organisation is the Performing Rights Society, who enforce performance rights in music and lyrics. To arrange the permission to get a music license there are several resources on the web that can help to direct you to the copyright owners. You should provide as much information about the music as possible, including the title and writer/s. They will also be able to find out who the copyright owner is for a particular song or musical work. The cost of the music licenses varies depending on the size of the premises in question, the type of premises in question and the nature and extent to which music is used. A license can cost as little as 14 pence per day to play music.  The consequences of not having both music licenses is that you will be breaching copyright law. This can lead to a civil action being taken by Phonographic Performance Limited and/or the Performing Rights Society. A successful action against you will be expensive in terms of damages that you may have to pay and the costs of the opposition that you may have to settle.

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