A common misunderstanding among business owners is that songwriters are only compensated by the purchase of their CDs, so that a business owner can freely play copyrighted music for customers. The reality of the situation is that songwriters receive most of their compensation from public performances, so that business owners may be responsible for obtaining a license from a performing rights organization before being able to play copyrighted music in public. Some courts have defined public uses of music as:
The Fairness in Music Licensing Act draws a line between private and public use by defining in terms the type of public establishment, the size of the public establishment, and the stereo equipment being used:
Because copyright law and the Fairness in Music Licensing Act are complex, you should consult with a lawyer to see whether your business is exempt from paying fees. If needed, an intellectual property lawyer can help you obtain a license from a performing rights organization so that you can play music legally for your customers.
Last Modified: 02-23-2018 12:58 AM PSTLaw Library Disclaimer
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