October 14, 2014
By: NAAP Vice President & NAAP Regulations Committee
Many NAAP Members across the United States have been contacted by various means regarding the need to obtain a license to have entertainment and music played within their senior communities. LeadingAge provided some input on this topic in an article published on January 14, 2013 stating:
“Under the Copyright Act of 1976, the holder of the copyright or its assigns (BMI, SESAC or ASCAP) has the exclusive right to reproduce the work and, in the case of a sound recording, to perform the copyrighted work publicly.
- Performhas a broad definition and includes singing, playing music, broadcasting, playing a CD or DVD, or turning on a radio or TV.
- Publiclymeans to perform any place where a substantial number of persons outside a normal circle of family and social acquaintances hear the music or it is open to the public.
Examples of situations where playing music may be a public performance include live performances, DJ’s, Karaoke, music in common areas, Large screen or multiple TV’s, background music, resident social gathering/holiday events, aerobic/dance/fitness classes. A determination of whether you need a license from BMI, SESAC and or ASCAP will depend on the specific circumstances in your community. We recommend you consult an attorney before deciding to apply for a license.” – by Stephen Maag www.leadingage.org
NAAP wants to ensure that accurate information is distributed to our members regarding important trends, regulations and licenses. As LeadingAge has recommended and NAAP agrees, consult an attorney before deciding to apply for a license. For more information regarding the music licensing companies please visit their websites at: www.bmi.com; www.sesac.com; www.ascap.com
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