Rant...Inappropriate Music at the UFC Gym

[Monkey Turned Wolf]

From the licensing company:
"Is it legal to play purchased iTunes music on my iPod/iPad/iPhone, CDs, MP3s or digital files for background music?
It is common in our digital age to be confused as to whether we own our digital content.

When you pay to download music or even movies for that matter, you are essentially purchasing a license; you are leasing the content. Furthermore, you may only play this music in a non-commercial setting. You can listen to the songs to yourself as much as you like, but it is illegal to play in public.

Playing the downloaded music in your business, however, would violate copyright law because the act is now considered a public performance. Public performances require a Public Performance License (PPL) from performing rights organizations (PROs)."

If you could just play whatever you wanted, it would be IMPOSSIBLE to track royalties for the artists/songwriters/publishers, which is the sole purpose of ASCAP & BMI.

None of that is going what he is saying though. Hes not saying buying the music gives him the right to play it. Hes saying buying the license gives him the right, and buying the music gives him the ability.

 

[Steve]

Do you happen to know if this is state by state, or national?

It’s national, or at least was when I negotiated purchasing these licenses for four training production studios.

 

[Steve]

From the ASCAP site:
• ASCAP is a membership organization of more than 670,000 songwriters, composers and music publishers. Our members include both the hottest artists of today and the writers of your all-time favorite songs.

• Our license agreement makes complying with the law easy. U.S. copyright law requires you to obtain permission from music copyright owners to play their music in your facility. Instead of reaching out to hundreds of thousands of music creators yourself, a single ASCAP license agreement gives you permission to play music from any ASCAP member. We do the legwork so you don't have to (except in the gym).

• With an annual ASCAP music license, you have unlimited access to ASCAP's expansive catalogue of millions of songs which you can play as often as you want in a wide variety of ways. Whether it's off your computer, tablet, CD, online streaming service or even music provided by a DJ at club functions or classes - the music is licensed and you've complied with the law.

BMI works the same way. They offer a blanket license. You pay a fixed, negotiated fee, and can play any song from any artist in their library as many times as you like.

 

[pdg]

From the licensing company:
"Is it legal to play purchased iTunes music on my iPod/iPad/iPhone, CDs, MP3s or digital files for background music?
It is common in our digital age to be confused as to whether we own our digital content.

When you pay to download music or even movies for that matter, you are essentially purchasing a license; you are leasing the content. Furthermore, you may only play this music in a non-commercial setting. You can listen to the songs to yourself as much as you like, but it is illegal to play in public.

Playing the downloaded music in your business, however, would violate copyright law because the act is now considered a public performance. Public performances require a Public Performance License (PPL) from performing rights organizations (PROs)."

If you could just play whatever you wanted, it would be IMPOSSIBLE to track royalties for the artists/songwriters/publishers, which is the sole purpose of ASCAP & BMI.

That's pretty much what I said too.

The business/organisation/premises/event obtains a public performance licence which covers the public reproduction of music from any source.

They don't need to provide playlists to the ppl provider.

These licences are available to cover public playing of radio transmissions, and/or playing music from any media or format (MP3, cd, cassette tape, vinyl, 8 track, wax drum, whatever).

A premises that has a licence is covered for anyone who plays music on those premises with their permission (which is usually implicitly granted).

So, while paying to download a track (or buying a record) doesn't grant licence for public performance, obtaining a ppl does and as stated, these are usually based on the premises (or business, or event), not the individual.

 

[pdg]

Licence to play background music (PPL) - GOV.UK

Further reading