music and video licensing for meeting planners

You cannot receive copyright protection for an idea.

You can have, in your head, drafted the best novel ever written.

An idea in your head is not protected by copyright.

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For copyright protection to attach to an original work of authorship, the work must be

“fixed in any tangible medium of expression.”

● Literary works● Musical works, including any accompanying words;● Dramatic works, including any accompanying music; pantomimes

and choreographic works;● Pictorial, graphic, and sculptural works;● Motion pictures and other audiovisual works;● Sound recordings;● Architectural works

Such Works Include:

Our focus today is on music compositions, music recordings, and use of music in audiovisual

works.

1. To reproduce the copyrighted work in copies or phono-records

2. To prepare derivative works based upon the copyrighted work

3. To distribute copies or phono-records of the copyrighted work topublic by sale or other transfer of ownership, or by rental, lease, or lending

4. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly

The Owner of a Copyrighted Work has Several Exclusive Rights, Which are:

The Owner of a Copyrighted Work has Several Exclusive Rights, Which are:

5. In the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly

6. In the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission

There are Two Pieces of Every Recording You Hear or Use:

1. The underlying musical composition.

2. The recording of that composition. If you want to use the hit recording “Uptown Funk” in a video created for an event, you will need a license for the underlying song, and a separate license for the recording.

To use “Uptown Funk” in a video you'd need a “synch license”

Would you also need a “master use” license?What would this cost for your average well

known song?

If you want Stage Right to play CDs during the event, you will need a performance license, which then gives you the right to publicly

perform this music.

Among the Places to Get Licenses for Nondramatic Music are:

The cost of the license is a lot less than the risk of getting caught.

For this event today, each license would have cost about $150.00

To have a local music production company rerecord a popular song, for example to give in CD form to each

attendee as a memento of the event, you need a “mechanical license” from the Harry Fox Agency. You pay 9.1 cents per copy of each song less than

five minutes in length.

So, to give away 500 copies of “Don’t Stop Believing”, the Journey song rerecorded for your

event, your mechanical license would cost $45.00.

Keep in mind, the song would have to be rerecorded – use of the Journey recording would require a master use license and likely would cost

tens of thousands of dollars.

This presentation is for information purpose only and is not intended to constitute legal advice and should not be construed as such or acted upon

without seeking advice of counsel.

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Are meeting planners the hardest working people in the business?

Vote Now10

1. Yes23

2. No2

Have you ever been given a thumb drive with media that you weren't sure if the media was licensed?

Vote Now10

1. Yes24

2. No1

Scenario 1:Event planner hired to produce CEO retirement

party at a well-known hotel. There are six hundred invitees. Stage Right has been hired by

the event planner to provide audio and video services for the event. Stage Right will play music CDs during breaks, including one brought to the

event by one of the invitees. Stage Right has total discretion as to which songs it may play.

The hotel has an annual performance rights license with each of ASCAP, BMI, and SESAC. Do those licenses

cover Stage Right’s playing of copyrighted songs at the event?

Vote Now10

ü1. Yes

9

2. No16

Then does Stage Right need to get its own licenses with ASCAP, BMI, and SESAC?

Vote Now

ü

10

1. Yes16

2. No10

What if the hotel, to save its client the cost of Stage Right, pipes in music through its already-licensed service? Does the event planner still need to obtain licenses?

Vote Now10

ü 1. Yes14

2. No12

Because of the costs outlined prior, the CEO is irritated and asks that Stage Right avoid playing any music. The CEO, after all, is a

songwriter herself, and has three CDs on a major label from earlier in her career. She wants to perform live three of her own songs.

Does the event planner still need to get a license for the CEO to play her own songs?

Vote Now

ü

10

1. Yes8

2. No18

Scenario 2:Event planner produces black-tie awards gala for a major

corporation at a convention center. There are 1,500 invitees. There are three awards to be presented to honorees who have

contributed significant efforts on behalf of the corporation’s charitable foundation. Seven-minute videos have been created

for each of the honorees. Two of the videos feature music written and recorded by a local music production company for

this event. The third video uses a famous recording of a recently deceased blues artist.

Will an event license from ASCAP, BMI or SESAC be sufficient when using the famous recording of the blues

artist in the video?

Vote Now

ü1. Yes

7

2. No16

10

Okay, but the other two videos feature original music created by a local music production company for this

event. Does the event planner need a license?

Vote Now

ü

10

1. Yes7

2. No15

Our event planning company decides that the license for the recording of the blues artist’s song, $30,000 for this event alone, is too much. Instead,

the event planner decides to pay for a license to use the underlying song or composition, but hires the local music production company to re-record

the music to avoid the master license fee. Does this work?

Vote Now

ü

10

1. Yes10

2. No12

The event planner, being ever cautious, rerecords the famous song with a singer who sounds nothing like the famous blues artist. The planner pays the license to use the composition and avoids the fee for the recording.

Now the planner decides to make CD copies of the rerecorded version, to be given to each of the 1,500 invitees. Does the synch license cover the

right to make 1,500 copies of the CD?

Vote Now

ü

10

1. Yes5

2. No19

Scenario 3: Event planner schedules charity gala at a large downtown hotel for the evening that turns out to be game seven of the Cubs-White Sox World

Series. The planner is afraid everyone will either be a no-show or will be leaving the grand ballroom for the bar at street level to see the game,

screwing up the live auction. The planner has three giant video screens brought in and has Stage Right stream live video. Since the video

screens are in place, after the game ends, the planner wants to show a three-minute clip from the end of “Rocky,” where Sylvester Stallone is

yelling for Adrian.

If the World Series was on a major network, would a license be needed?

Vote Now

ü

10

1. Yes13

2. No11

What if the cost of licensing the World Series broadcast is too much, and the event planner asks Stage Right to

“accidentally” have the game on one of its smaller video monitors that invitees just happen to be able to see – do

we need a license?

Vote Now

ü

10

1. Yes14

2. No9

Do we need a license or licenses to show the “Rocky” clip?

Vote Now

ü 1. Yes24

2. No1

10