[Michlib-l] Public Playing of Music

Fri Aug 4 16:27:24 EDT 2023

Hello!

Generally, venues that promote live performances would have licenses with the major music companies (ASCAP, BMI, etc) that would permit performers and bands to perform those pieces. Venues could include in the contract that it is up to the performer to secure a license to perform the music they plan to perform. However, to be safe from possible infringement claims, any venue hosting live musical performance should have a blanket license from one of the major music license companies.

Th difference between live performance and recorded is that there are some exemptions available for licensing of some types of live performance - unfortunately, most situations where a performer is paid would not be included in those exemptions whether it is a library paying or a concert promoter (the law is pretty clear that if the performer is paid the performance does not count as "non-profit"). If the performer provided the performance for free, and the performance occurs in front of a live audience then there may be an exception under 17 USC 110(4) https://www.law.cornell.edu/uscode/text/17/110 (for example, a high school jazz band plays for free at a library outdoor event).

Section 110(5) provides an exemption for music or broadcasts played over a standard device such as a radio or tv. A library could likely turn on a radio to the classical music station for patrons to enjoy. Depending on the size of the library, there are limits to the number of speakers a library can use for this type pf play, and the statute does not address outdoor applications, except that the purpose of this exception is to permit the ability of people to turn on radios in public without fear of copyright infringement.  However, this exemption is dependent on the use of equipment of the type used in the average home - so the use of anything but a basic consumer sound system is generally the basis for a denial of the exemption.

In general, copyright requirements for music performance are extremely rigid. There are not many applicable fair use options when it comes to music performance.

Depending on the library type, they may try working with their municipality or their parks and rec department- which may have a license for outdoor performance of music. There may be an opportunity for a collaboration.

I hope this is helpful!
Sincerely,
Clare

Clare D. Membiela, MLS, J.D.
Library Law Consultant
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.

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From: Michlib-l <michlib-l-bounces at mcls.org> On Behalf Of Deb Hemmye via Michlib-l
Sent: Friday, August 4, 2023 11:52 AM
To: Mary Harrison <mary at colomapubliclibrary.net>
Cc: Michlib-L <michlib-l at mail3.mcls.org>; Steven K. Bowers <sbowers at tln.lib.mi.us>; Steven Bowers <sbowers at tln.org>
Subject: Re: [Michlib-l] Public Playing of Music

CAUTION: This is an External email. Please send suspicious emails to abuse at michigan.gov<mailto:abuse at michigan.gov>

I'm wondering if there is a difference between bringing in a musician or group to play music vs. playing a CD or streaming music.  The latter seems more like showing a movie, whereas the former seems more like having a drama play or a puppet show or something.  Does anyone else see this difference, or am I creating one where none exist?

To you question, no, I have never considered purchasing a license to be able to play a CD in the background of a library program.  We were going to start streaming Freegal at our Art Gallery openings, so I'm interested in hearing what the verdict is.

Deb Hemmye (she, her, hers)
Library Director
Huntington Woods Public Library
26415 Scotia Road
Huntington Woods, MI  48070
248-543-9720, ext. 686

________________________________
From: "Mary Harrison" <mary at colomapubliclibrary.net<mailto:mary at colomapubliclibrary.net>>
To: "Steven K. Bowers" <sbowers at tln.lib.mi.us<mailto:sbowers at tln.lib.mi.us>>, "Steven Bowers" <sbowers at tln.org<mailto:sbowers at tln.org>>, "Michlib-L" <michlib-l at mail3.mcls.org<mailto:michlib-l at mail3.mcls.org>>
Sent: Wednesday, August 2, 2023 1:54:49 PM
Subject: Re: [Michlib-l] Public Playing of Music

Is the event outside or inside the library?  If outside, then there may be an issue with noise ordinances.  If it's inside, then that seems strange that the municipality is weighing in like that on a library program  unless they are in the habit of providing the library's legal advice.

Mary Jean Harrison
Director
Coloma Public Library
151 W. Center Street
PO Box 430
Coloma Michigan  49083
269-468-3431
www.colomapubliclibrary.net<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.colomapubliclibrary.net&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=sW0QtgsUF_VTgHYbMLAYDX2ikQwQhwFgtcNmyu5STJQ&m=3nR_nrDZUIsygn-74I75tFTrjO0K_eMWvKYuPdqqYbDTCtdaPgFHgdtDRGaKdze3&s=spDDvp4MeUdH0XO76h6eh7UpFM4ZS9gI79Enhz2tfeA&e=>

The most important asset of any library goes home at night - the library staff.
Timothy Healy

From: Michlib-l <michlib-l-bounces at mcls.org<mailto:michlib-l-bounces at mcls.org>> On Behalf Of Steven K. Bowers via Michlib-l
Sent: Wednesday, August 2, 2023 1:38 PM
To: Michlib-L <michlib-l at mail3.mcls.org<mailto:michlib-l at mail3.mcls.org>>
Subject: [Michlib-l] Public Playing of Music

Hello everyone,

I am hoping someone has a quick and easy answer. We have a library with an event this Saturday and they intend to play music publicly. There municipality has just informed them that they need a license to so so, similar to showing a public movie. It was the library's understanding that as a non-profit they did not have to have a license since it is a free event and they are not profiting from using the music.

The library was looking at this site: https://cloudcovermusic.com/music-licensing-guide/when-is-it-legal/<https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=sW0QtgsUF_VTgHYbMLAYDX2ikQwQhwFgtcNmyu5STJQ&m=3nR_nrDZUIsygn-74I75tFTrjO0K_eMWvKYuPdqqYbDTCtdaPgFHgdtDRGaKdze3&s=rMTbhr0jxGdDj1esYYdZSXSC9LL6sXr4YD1XrVr04WA&e=>

So, my question, do all of you assume you can play music at events without a license, or do you get the license? The library is fine to do the latter but doesn't want to get a license if it is unnecessary.

Thanks for any feedback you may have. Time is of the essence!

Sincerely,

-Steve

Steven K. Bowers
Executive Director
The Library Network
(248) 536-3100 x107
sbowers at tln.org<mailto:sbowers at tln.lib.mi.us>
TLN.org<https://www.tln.org/>
(he/him/his)

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