Re: EA Performance rights

Subject: Re: EA Performance rights
From: mike mcferron (
Date: Tue Nov 01 2005 - 23:36:54 EST

It's also my understanding that ASCAP and BMI work with other
licensing agencies outside of the US for reporting performances. I
know that ASCAP collects for me on performances in Europe for
example. As a general rule of thumb, as long as the venue has BMI
and ASCAP licenses (in the US anyway), then most stuff is pretty safe
-- especially if it's commercially released.

Mike McFerron

On Nov 1, 2005, at 10:26 PM, Paul Beaudoin wrote:

> Hi Elainie:
> Your student has a good question and the fact that the student is
> asking is
> an excellent sign. Here are some thoughts - first off, check with
> a person
> who specializes in licensing - only they will know what the law
> permits. As
> general rules of thumb here are some guidelines I follow in
> programming EA:
> Purchasing a CD does NOT confer rights to publicly perform such music.
> Unless the purchase comes with a specific EULA that grants such use
> you
> cannot not use it (or duplicate it either!)
> It is best to contact the composer to seek permission (and I think
> most of
> us will do that without a problem). In certain circumstances,
> recordings
> are protected by the corporation that releases them (especially if
> they are
> released through large corporations). In this case, you would need to
> acquire licensing rights from the copyright holder of the piece you
> want to
> play.
> Most venues have licensing agreements with ASCAP and BMI (two of
> the larger
> American royalty "protectors") and so the venue's license covers
> the playing
> of the work - and only iof the composer is a member of the
> associations.
> When in doubt, ask the composer first. If your composer is
> protected under
> BMI/ASCAP scenario then the venue may protect you.
> It's so complicated but better to be safe than sorry.
> Then of course, consult with a professional. :-)
> Paul Beaudoin, PhD
> 351 Ryder Hall - Music Department
> Northeastern University
> Boston, MA 02115
> 617-373-7276

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