To recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
Performance Right Includes...
Live performances, recorded performances, and transmitted performances.
A place where the general public is free to go regardless of how many people are present or regardless of whether an admissions fee is charged; occurs when a work is performed at a place where a substantial number of people other than family and friends are gathered; when a work is transmitted through means of a communication device such as a radio or television.
Performance of downloaded music
Takes place only after the download is complete and the recipient takes the initiative to play,i.e., perform the song.
American Society of Composers, Authors, and Publishers (ASCAP)
First PRO created in 1914; In the 1930s ASCAP increased the license fee it charged to radio stations; nonprofit(operating expenses 15% and income collected 85%); more restrictions such as government approval of licenses.
Society of European Stage Authors and Composers (SESAC)
Created in 1931; Originally represented European composers and publishers; Began in the realm of country and gospel; much smaller than ASCAP and BMI; for-profit(only about 50% of income goes to publishers and writers); subject to less restrictions than ASCAP and BMI
Broadcast Music Incorporated
Created in 1939 by broadcasters in response to ASCAP's increased license fees; nonprofit(operating expenses 15% and income collected 85%); more restrictions such as government approval for licenses.
Three Main Responsibilities of a PRO
Issuing licenses and collecting licensing fees; monitoring public performances of music; paying songwriters and publishers based on the number of performances of their music; most licenses are blanket licenses.
An agreement that permits government oversight of ASCAP's licensing activities.
Foreign Performing Rights Organizations
SACEM, Societe des Auteurs, Compositeurs et Editeurs de Musique; in existence since 1851 in France.
Limitations on the Public Performance Right
Under 1909, copyright owners only had the right to control for-profit performances. 1976, provided for a broad performance right that applies regardless of whether a performance is for profit or not.
Face-to-Face Teaching Activities
An exemption so teachers and students can read aloud from copyrighted books, to play, or sing musical works, and to perform motion pictures.
Allow for the educational use of copyrighted material in digital form in certain circumstances; more restricted that the Face-to-Face.
Religious Service Exemption
To fit, a performance must be made during the course of religious services; must take place at a place of worship or other religious assembly. A performance in a person's home would not be exempt even if a religious service took place in the home.
Homestyle Receiving Apparatus Exemption
"Small Business Exemption"; An exemption for businesses who play radio or television broadcasts on standard radio or television equipment; the reception of the transmission containing the performance must be on a single receiving apparatus of a kind commonly used in private homes. No direct charge can be made to see or hear the transmission. The transmission cannot be further transmitted to the public.
The Fairness in Music Licensing Act
Certain businesses that perform music received from licensed radio, television, cable, and satellite broadcasts are exempt from having to obtain permission to publicly perform music in their establishments. The business cannot re-transmit a performance beyond its establishment. No admission fee can be charged. The business must meet certain size requirements.
Retail Record Sales
Intended to allow stores that sell recordings to play them in order to promote sales. Requirements: by open to the public at large; not receive any direct or indirect admission charge; perform the records for the sole purpose of promoting record sales; not transmit the performance beyond the store.
Public broadcasters should have easy access to copyrighted works. In order to obtain a compulsory license, the performance must be by public broadcasting entities or in the course of transmissions made by noncommercial, educational broadcast stations.
Digital Performance Right in Sound Recordings Act
Enacted to provide a public performance right for sound recordings to remedy this gap; The practical result is that if a recording of a copyrighted song is broadcast over analog radio or television or performed in a live sitting, the copyright owner of the song and the songwriter will receive a royalty for the performance while the copyright owner of the sound recording and the recording artist will not.