How To License Music For A Live Show Or Performance?

music licensing for shows performances

Music plays crucial role during live shows and performances.

When incorporating background music into a live performance, it’s essential to secure the appropriate licenses to ensure that neither you nor the venue gets in trouble for flouting copyright laws.

However, the process of obtaining the necessary licenses to play music during a show can be confusing.

This post was inspired by a message we received from a client expressing frustration after dealing with a large PRO (a performance rights organization like ASCAP, BMI, PRS, etc) while trying to secure music license for a live comedy show.

Learn more about licensing music for live shows and performances or jump straight to the solution: How to legally play music during live shows without dealing with ASCAP or BMI.

This post is related specifically to playing RECORDED music during a live performance, not performing live music.

Do I need license to play music during live shows and performances?

The short answer is, yes.

If you simply want to play or stream music by virtually any recording artist (even a small unknown indie artist), you need to secure appropriate licenses.

But it’s important to know which license applies to your specific case.

Most show producers and event organizers assume that PRO would be the one stop solution.

After all the PROs sell licenses to play music in restaurants and shops, so why not during a live show?

So what happens when you reach out to a PRO and ask for help. Here’s what our client shared:

“PRO says we can’t have any of their musicians music played during dramatic performances. All they offer me is the option to pay for pre-show music and an option to allow others to cover people’s music. Each license is over $300. Is all music off limits for my use because it’s affiliated with ASCAP or BMI? Can we use music and not have to deal with ASCAP and BMI. They are weirdly unhelpful”.

Let’s analyze this situation:

The PROs (ASCAP, BMI, PRS, Gema, and so on) typically do not license music for dramatic performances, which include theatrical productions or other narrative-driven performances with music.

These rights are managed separately by the composers or their publishers.

The PROs, however, can sell you the license to play music before the show or during intermissions, though that might get costly ($300+ per license).

Yet here comes the ironic twist:

Once an artist affiliates with a PRO, that PRO usually becomes the sole entity authorized to license public performances of their music.

Even if the PRO cannot sell you the dramatic performance music license, they still may come after you if the venue does not have the public performance license (the license that allows you to play copyrighted music to the public).

Perhaps if you have a degree in copyright law this looks easy. Though for an average person, this is somewhat mind boggling..

So, what a small time show producer without access to a legal team can do to avoid this mess?

A simple answer is to use music created by composers not affiliated with any PROs.

If you have the artist / composer’s permission and the music isn’t subject to PRO restrictions, you can legally use the music without worrying about additional licenses from a PRO.

How to obtain the permission to use somebody’s music?

What licenses are requires to play music during live shows?

Grand Rights License

Required for using music in dramatic performances such as musicals, operas, or plays.

These rights are typically controlled by the composer, lyricist, or their publisher.

You need to negotiate directly with the copyright owner or their representative.

Synchronization License

Necessary if you are pairing music with visual elements (e.g., video projections or recorded media) within your performance.

This license is obtained directly from the music publisher.

Master Use License

If using a specific recording of a song, this license is required from the recording’s owner (usually the record label).

Steps to Secure Licenses

Typically, you have two options:

a) Contact the artist directly

As you first step, you need to identify the music rights holders.

Check copyright databases or consult publishers to find the owners of the grand rights.

Once you have their contact information, reach out to the rights holders to obtain permission and agree on fees or royalties.

IMPORTANT: Document agreements! Ensure all permissions are in writing to avoid legal issues.

b) License music via a music library

An easier solution is to license music through a music library that offers music not registered with any PRO.

Licensing music via a library can offer significant advantages, as opposed to negotiation the licenses directly.

By using a music library, you gain access to high-quality, legally licensed tracks with predictable costs and minimal hassle, making it a practical and easy solution.

Specifically:

Official Licenses Provided

Music libraries issue clear, official licenses for the tracks you use, ensuring that you are fully compliant with copyright laws and protected from potential legal issues.

Price Advantage and Predictable Pricing

Libraries typically offer cost-effective options compared to negotiating directly with PROs or individual artists.

Many provide one-time fees or subscriptions that cover unlimited usage within specified terms, reducing overall costs.

For subscription-based libraries, you can access a wide range of tracks for a fixed monthly or annual fee.

Speed and Convenience

Libraries are designed for quick browsing, previewing, and licensing, enabling you to find and secure music in minutes.

Music can often be downloaded instantly, saving time compared to negotiating with individual rights holders or PROs.

Large Catalogs with Diverse Options

Libraries offer extensive catalogs covering a variety of genres, moods, and styles, ensuring you find the perfect track for your project.

Some libraries curate specialized collections, such as music for live events and music for dramatic performances.

Royalty-Free and Non-PRO Music

Many music libraries offer music tracks that are not registered with PROs, avoiding the need to deal with additional licensing or reporting requirements.

This is particularly helpful for avoiding fees associated with ASCAP, BMI, or similar organizations.

Need music for dramatic performance?

Listen to music examples for various types of shows, from dramatic theater plays, to stand up comic shows, to athletic performances:

music for live show performance comedy

We offer one stop music licensing solution for show organizers and event producers.

Choose from a large catalog of non-PRO music available for instant download with lifetime royalty free master license.

Takeaway

Licensing music for a show can be tricky and confusing as PROs don’t deal with dramatic performance licenses. By switching to non-PRO music libraries, you bypass the challenges posed by the PROs, while still accessing high-quality music for your live shows.

DISCLAIMER

This post is based on my many years of experience in the industry. However, I’m not a lawyer and this post cannot be considered legal advice.

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