Performance Rights Organizations
A Performance Rights Organization provides intermediary functions, particularly royalty collection, between copyright holders and parties who wish to use copyrighted works publicly. Legal consumer purchase of works, such as buying CDs, or movies confer private performance rights only. Any exhibition of copyrighted material outside the privacy of a home setting is considered a public performance. A person or any private business or organization such as a school, or library must obtain a performance license, sometimes called an "umbrella license" or "blanket license," when desiring to use copyrighted material for public use. Performance rights organizations act as agents for multiple copyright owners. They can expedite the process of securing permission either by putting you in contact with the proper copyright owner, or by granting permission on behalf of the copyright owner. By contacting the appropriate organization, you may be able to secure permission without having to identify, locate, or contact an individual creator of any particular work.
Songwriters
The American Society of Composers, Authors and Publishers, Broadcast Music Inc, and the Society of European Stage Authors & Composers are Performing rights / licensing organizations. ASCAP, BMI and SESAC, are businesses designed to represent songwriters and publishers and their right to be compensated for having their music performed in public. By securing a license from one of these organizations, music users (i.e., television and radio stations, auditoriums, restaurants, hotels, theme parks, malls, etc.) can legally play any song in their repertory. Without a license from a performing rights organization, music users are in danger of copyright infringement.
Film
The movie studios have appointed performance licensing companies to assist in their copyright enforcement program. The license does not permit entertainment movies to be used when an admission fee is charged, other than to cover costs. In addition, the movies may not be altered, duplicated, digitized or transmitted electronically in any form without specific permission from the copyright owner. The Educational Exemption, also called the "face-to-face teaching exemption," is a precise activity which allows the legal use of movies in certain types of teaching. In order for a movie to be considered an "Educational Exemption," call criteria must be met:
1. A teacher or instructor is present.
2. The showing takes place in a classroom setting with only the enrolled students attending.
3. The movie is used as an essential part of the core, current curriculum being taught. (The instructor should be able to show how the use of the motion picture contributes to the overall course study and syllabus.)
4. The movie being used is a legitimate copy, not taped from a legitimate copy or taped from TV.
Theatre
A royalty fee is due whenever a play is presented in front of an audience- whether an admission is charged or not. This includes classroom presentations, benefits, or private shows. Shows that are free or are a benefit performance are taken into account when fees are quoted. Music Theatre International is a performance rights organization located in New York. When entering into a licensing agreement, the materials supplied by MTI (which generally include the script/libretto-vocal books, a piano conductor score and individual orchestra parts) are the only authorized performance materials available for each musical (regardless of other versions which may exist in print, on film or otherwise) and must be rented from MTI as a condition of the license. The standard rental time is two months prior to your initial performance. Additional fees apply for each additional rental week.
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