A Crash Course in Yoga Music Licensing in the United States Presented by Blake Brandenburg, Christine Pepe and Bill Stevens

Transcription

1 A Crash Course in Yoga Music Licensing in the United States Presented by Blake Brandenburg, Christine Pepe and Bill Stevens

2 Learning Objectives In this workshop, you will learn: What is copyright infringement and music licensing. Six ways to protect yourself or your business from copyright infringement. What is a PRO (Performing Rights Organization). Special deals that Yoga Alliance has negotiated with the PROs for the entire yoga community. How to purchase a music license from the PROs.

3 Copyright Infringement and Music Licensing Copyright Infringement is the use of works protected by copyright law without license. Music licensing is the licensed use of copyrighted music. Playing music in a yoga class legally constitutes a public performance. All public performances require a license from the songwriter/composer and/or publisher. Permission may be acquired by paying music licensing fees to a Performing Rights Organization (PRO).

4 Significant Risk Copyright Infringement is Serious Business Each instance of copyright infringement is subject to potential liability of up to $150,000 per occurrence (i.e., per song played).

5 6 Ways to Protect Yourself 1. Obtain music licenses from the PROs safest option 2. Create your own 3. Don t play music during class 4. Subscribe to a service with a licensing arrangement for businesses playing music 5. Purchase a music list 6. Creative Commons License, for more information, contact Find more information on our website. Crash_Course_in_Yoga_Music_Licensing_in_the_Unite d_states

6 Create Your Own Commission someone to play original songs that are composed during your class or record them. Get their permission in writing Compose your own original songs

7 Don t Play Music During Class Simple and Cost Effective!

8 Subscribe to Service or Website Subscribe to service or website with a licensing arrangement for businesses playing music. Review the terms-of-use to ensure that it is permissible to play in a public performance.

9 Purchase a Music List Purchase a music list from businesses like SiriusXM and MixHits Radio. The fee covers the licensing and royalty fee. Beware: Radio broadcasters do not provide performance licenses for public performances.

10 Creative Commons License Find music on CD or MP3 download or through a Creative Commons License. Learn more at Review the terms-of-use to ensure that it is permissible to play in a public performance.

11 Obtain a Music License from the PROs Three Performing Rights Organizations (PROs) in the United States: ASCAP, SESAC and BMI According to The Copyright Law of the United States, a PRO as "an association, corporation, or other entity that licenses the public performance of non-dramatic musical works on behalf of copyright owners of such works.

12 Obtain a Music License from the PROs Not all songwriters are represented by each PRO, so purchasing a license from all three PROs is the only way to eliminate risk of copyright infringement.

13 Special Deals for the Yoga Community Yoga Alliance has negotiated with the PROs to offer special deals to the yoga community.

14 Special Deals for the Yoga Community Due to anti-trust laws, we are not able to discuss pricing with the PROs in the same location. Find discounted rates and how to purchase the licenses on the Yoga Alliance website, _Archive/A_Crash_Course_in_Yoga_Music _Licensing_in_the_United_States.

15 Meet Reps from ASCAP Blake Brandenburg Director of Strategic Licensing and Christine Pepe Vice President, Business and Legal Affairs

16 What is ASCAP? The American Society of Composers, Authors and Publishers Not-for-profit membership organization formed in 1914 Membership consists of over 530,000 songwriters, composers and music publishers Performing Rights Organization (PRO) that licenses its members music to a wide variety of businesses Distributes royalties to ensure that songwriters and publishers are fairly compensated ASCAP Repertory consists of over 10 million songs in all genre (including songs from foreign PROs with which ASCAP has a relationship)

17 Why do I need a PRO License? Songwriter members have the right to be compensated for the use of their music this is how they earn a living. Songwriter members, like yoga studios, are often the smallest of business owners. Songwriters are often not the performers of their music, so they do not have the opportunity to earn money touring etc. U.S. Copyright Law The Right of Public Performance: ASCAP licenses the right of public performance of its members music.

18 Value of a PRO License Efficiency Flexibility and Variety Legality

19 Value of a PRO License Music plays an increasingly important role in yoga classes. Music allows you to create your desired mood at the right time in class. Includes live performances too Reasonably priced for yoga community and easy to obtain

20 2 Types of Licenses Available from ASCAP 1. Premises License for Yoga teachers and business owners - covers performances of music in connection with instruction of yoga at a physical premises. 2. Website License for Yoga teachers or business owners that offer online classes - covers performances of music in connection with online instruction of yoga classes.

21 ASCAP Licenses - FAQs How do I get the license? For the premises license, simply visit and select Yoga. Once selected, click on Buy an ASCAP License and enter your information. For the website license (i.e., ASCAP s "PlayMusic" license), simply visit: If your website exceeds the thresholds here, PlayMusic@ascap.com for the more expansive PlayMusic license, which ASCAP is in the process of making available online. How long does the license last for? Licenses valid for 12 months - May be purchased any time during the year. The licenses also automatically renew. When do I have to pay for the license? Payment is made by credit card upon submission of the license to ASCAP via our website. What if I have multiple locations? Premises license allows you to report all your locations on a single license.

22 Questions for ASCAP Call Visit ASCAP s website:

23 Meet Rep from SESAC Bill Stevens Director of Business Development at SESAC

24 What is SESAC Established in 1930, SESAC has experienced tremendous growth over the decades. Represent over 400,000 licensed songs by over 30,000 artists SESAC s repertory spans every genre of music including: adult contemporary, top 40, new age, jazz, urban, R & B, rock, country, Christian, Americana, gospel, blues, Latin (pop, regional, tropical, tejano) new age, big band, folk, as well as music in movies and television.

25 Public Performance A public performance is one that occurs either in a public place or any place where people gather. It is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet.

26 Who Must Purchase a License Yoga business owners or teachers who play copyright music for a public performance; yoga class, workshop, etc.

27 4 Types of Licenses Available from SESAC 1. Yoga teachers coverage for all places you teach except online 2. Yoga studio or school coverage for all music used in your business 3. Yoga teachers or business owners who perform videos on a website. Additional fees apply contact SESAC for more details. 4. Yoga teachers or business owners who offer online classes on YouTube that are NOT for sale, are automatically authorized, since SESAC holds a hosting license with YouTube.

28 Purchase a SESAC License For the remainder of 2015, purchase a prorated yearly license for either yoga businesses or individual yoga teachers. Starting January 1, 2016, licenses may be purchased for the entire calendar year. To obtain the license, go to complete the form, enter Yoga Alliance in the other box and select submit. The proper Yoga Alliance license agreement will be ed to you. Additional information can be found at Questions? call SESAC at or view the FAQs,

29 Purchase a License from BMI Yoga Alliance is still in discussions with BMI about a reduced rate license for yoga professionals. More information will be shared once details are finalized.

30 Sync and Mechanical License To publish yoga classes online that are synched to music, you must purchase a synchronization sync license from the music publisher or copyright owner. To sell yoga classes online that are synched to music, you must purchase a mechanical license from the music publisher or copyright owner. You might also need written permission from the publisher or record company, if you use a commercial recording of the song in the video. The PROs do not offer a sync or mechanical license.

31 Sync and Mechanical License Yoga Alliance recommends that members of the yoga community consult their legal professional to learn about purchasing a sync or mechanical license. Yoga Alliance may provide more information about sync and mechanical licenses in the future.

32 Questions for the PROs

33 Recap 6 Ways to Protect Yourself 1. Obtain music licenses from the PROs safest option 2. Create your own 3. Don t play music during class 4. Subscribe to a service with a licensing arrangement for businesses playing music 5. Purchase a music list 6. Creative Commons License

34 Questions? ASCAP Purchase a license Questions: SESAC Purchase a license Questions:

35 Disclaimer ASCAP SESAC BMI Yoga Alliance This online workshop is for educational purposes only and is not meant to provide legal advice. Yoga Alliance does not endorse any single organization in this Online Workshop, nor have they received any financial contributions for taking part in this Online Workshop or inclusion in articles.

36 Thank you to our Online Workshop sponsor! Not sure you re saving enough for your retirement goals? Schedule a free consultation with a retirement program specialist now! Visit the Yoga Alliance website for more information: GE (06/14) (Exp. 06/16)

37 Upcoming Yoga Alliance Online Workshops Maximize Your RYT Presence on the Yoga Alliance Directory Tuesday, July 14 7:00-7:45 p.m. ET Maximize Your RYS Presence on the Yoga Alliance Directory Tuesday, July 21 7:00 8:00 p.m. ET Take Your Teachings on the Road Tuesday, August 11 5:00-6:00 p.m. ET Presented by Lynann Politte Presented by Kimberly Robinson, RYT 200 and Charlotte Raich, E-RYT 500 To register, go to Workshops