exhibitor q&a
Help!
Music Licensing
ILLUSTRATION: MARK FISHER
Q.
Can I play music purchased via iTunes or CD in my exhibit or at my corporate event?A.
While "It's only rock 'n' roll... ," if you share this or any other genre of music at an event or in a stand for public consumption, you must have permission from the creative parties, which typically means you need to pay a licensing fee. That's because all the music you hear was written, arranged, and performed by someone. And that someone makes a living by selling copies of the music along with licensing fees to others to perform or play the music. In fact, music is like all personal property; when you want to borrow it from someone, you must ask permission. So, if you play, you must pay.Unfortunately, many exhibit and event managers aren't aware of the laws pertaining to music use – or they just don't care – because music is everywhere at events, and I'd be willing to bet it's not all licensed. It's used during general sessions to support the overarching message or meeting theme, in breakouts as entry music, in PowerPoint and video presentations, at networking events, in exhibits, or simply as background. Granted, not every musical performance requires a license fee. Obviously, playing a CD or a digital download or streaming music you purchased in your car, in the privacy of your home, or with a small circle of friends and family does not infringe on copyright laws. Yet, using that same music at a meeting or event is a whole other story. Since responsibility for licensing music falls on the end user, which in this case is the exhibit owner/manager, it's not only ethically but also financially prudent to understand the regulations regarding music rights so you can make informed decisions. Failure to do so could result in legal action or penalties. Or, show or venue management could shut down your music, perhaps causing public embarrassment for your brand or creating a void in your planned experience. These public-use licenses must be obtained through performing rights organizations (PROs). In the United States, PROs include the American Society of Composers, Artists & Publishers (ASCAP) and Broadcast Music Inc. (BMI). In the United Kingdom, the PRO is PRS For Music Ltd., and in Germany it's Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA). If your show or event is in a country outside of these big three, you'll need to research regulations pertaining to your specific locale. To help you do just that, visit, www.prsformusic.com, which lists the PRO for 150 countries. It is important to understand that the company hosting the exhibit or event must own the license – as opposed to the DJ, band, venue, or event-planning firm. Plus, if you use services like Pandora or Spotify, the same licensing rules apply. What's more, if you want to use music in publicly broadcast videos, films, presentations, etc., you need a separate synchronization license through The Harry Fox Agency Inc. While this all sounds complex – and expensive – you don't have to license songs individually; in most cases a "blanket" license can be purchased, which allows you to use any song in the PRO's catalogue at a relatively affordable price. For example, PRO licenses provide blanket coverage for a set period, usually a year. The fees are charged based on the number of people that will come into contact with the music. For instance, ASCAP typically charges six to seven cents per person, with a minimum fee of $150. To be fully compliant, a license with each Performing Rights Organization is needed. BMI's formula for licensing is different than ASCAP, but it is also reasonably priced. This might seem like a waste of funds, but it's far cheaper than the alternative. While you could very well scrape by unnoticed, if you get caught, the penalty can be huge: You could pay up to $750 per song, plus attorney and court fees. And anyone from show management to your competitors can submit an inquiry to the PROs, prompting investigation. In fact, physical presence is not always needed. If an attendee posts a clip containing music to social media along with your organization's identity, the PRO has proof. If you have your license, you are good to go. If not, you are subject to scrutiny, and if unlicensed use is proven, you're subject to fines. Most exhibit and event managers simply don't know the rules. But now that you do, you can help prevent your firm from accruing hefty fines and legal fees – and you can do the right thing and pay musical professionals for their work. — Michael Owen, managing partner, EventGenuity LLC, Nashville, TN
Help Wanted Send your tough questions about exhibiting to Linda Armstrong, larmstrong@exhibitormagazine.com.
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