Movie/Music Licensing

NAAP often get questions about this subject.   In an attempt to assist our members navigate this issue, we have the following information made available for you.
As one of NAAP’s benefits to our members, there is a discount for MPLC.

MPLC Agreement for 2019

Closed Circuit Transmission: Any senior community or health care facility, regardless of its type or license status, which has a closed circuit television system (such as an in-house channel) playing motion pictures or other audiovisual programs shall obtain an Umbrella License at the annual rate of $13.70 per connection. Any other non-closed circuit performances shall be included at no additional cost. 

Common Area Pricing 
A. Facilities that have independent living units, apartments, or other similarly defined living quarters, whether freestanding or located in a nursing facility, rehabilitation facility, assisted living facility, continuing care retirement community, or any other type of senior living facility, regardless of how each state defines the facility (“ILU”) shall be subject to the following annual rates, based on the licensed ILU capacity for each facility:

  • $6.85 per ILU for the first 325 ILUs
  • $3.00 per ILU from 326 to 500 ILUs
  • $1.00 per ILU in excess of 500 ILUs
  • $355.00 is the minimum annual license fee for each facility


B. Facilities defined as low income senior housing that have a US Department of Housing and Urban Development (“HUD”) contract shall pay a reduced license fee, based on the licensed HUD capacity for each facility:

  • $3.45 per HUD unit for the first 500 units
  • $1.00 per HUD unit in excess of 500 units
  • $355.00 is the minimum annual license fee for each facility


C. Facilities that are freestanding nursing, rehabilitation or assisted living; or have such sleeping units/sleeping rooms within a continuing care retirement community, or any other type of senior living or health care facility (excluding ILU and HUD units, see A and B for pricing) shall be subject to the following annual rates based on licensed capacity for each facility:  

  • $3.45 per sleeping unit/sleeping room for the first 500 sleeping units/sleeping rooms
  • $1.00 per sleeping unit/sleeping room in excess of 500 sleeping units/sleeping rooms
  • There is no minimum annual license fee for freestanding nursing, rehabilitation, or assisted living facilities. For clarity, such defined sleeping units/sleeping rooms on shared campuses within a continuing care retirement community, or any other type of senior living or health care facility shall pay a minimum fee, based upon their classification.


Adult Day Service Centers:  If any association member operates a freestanding adult day service center, there is a separate annual license fee of $220.00 per center. If any association member that operates an adult day service center within its senior community or health care facility, and obtains a license for their facility, there is a separate annual license fee of $105.00 per center.

Music Licensing

Under the 1976 Copyright Act, 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. Broadcast Music Inc. (BMI), SESAC and the American Society of Composers, Authors and Publishers (ASCAP) are the three music licensing companies that each have the rights to different music.  

  • “Perform” has a broad definition and includes singing, playing music, broadcasting, playing a CD or DVD, or turning on a radio or TV.
  • “Publicly” means 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; DJs; karaoke; music in common areas; large screen or multiple TVs; background music; resident social gathering/holiday events; and 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. 

You can get more information by going to the website of each of the licensing entities:

 

The 2019 MPLC Senior Living Brochure Application and  information.

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