Difference between revisions of "Performance rights licensing streaming video"
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| − | During the Covid 19 pandemic, musicians were isolated from their accompanists, live (in person) venues were closed by health-orders, and as the shelter in place orders expanded from weeks to months, musicians looked to busking on live-streaming video platforms (YouTube, Facebook, Twitch etc.) to try to earn a living. In the course of these performances the musicians generally take requests to supplement their own repertoire. | + | During the Covid 19 pandemic, musicians were isolated from their accompanists, live (in person) venues were closed by health-orders, and as the shelter in place orders expanded from weeks to months, musicians looked to [[Wikipedia:Street performance|busking]] on live-streaming video platforms (YouTube, Facebook, Twitch etc.) to try to earn a living. In the course of these performances the musicians generally take requests to supplement their own repertoire. |
'''Assumptions for this document:''' | '''Assumptions for this document:''' | ||
| − | # The copyright songs | + | # This is the musician's rendition of a copyright work, often by request, not a recording of the work performed by the original artist. |
| + | # The copyright songs are used in video and not otherwise made available for sale. | ||
| + | # There is a presumption that money is changing hands through donations and possibly membership sites like Patreon. | ||
| + | # The live audience could generally be considered "a normal circle of friends", but playback of the recorded live stream may fall outside of this exemption. | ||
| + | # In addition to performance licensing, separate synchronization permission is also required for putting music to film, which would be impossible to anticipate in a live request scenario. | ||
| − | == | + | == Overview == |
| + | In the past, emerging artists would "cover" popular songs on YouTube for advertising and audience building purposes. These emerging artists would generally be very straightforward about providing the name of the covered song and the artist who made the song famous. The copyright holder has three options, do nothing, monetize the video and collect advertising royalties, or take down the video. | ||
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| + | ==Definitions== | ||
:'''''Performing rights''' are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher [...] Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization.'' | :'''''Performing rights''' are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher [...] Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization.'' | ||
::—[[Wikipedia:Performing rights]] | ::—[[Wikipedia:Performing rights]] | ||
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| + | :A music '''synchronization license''', or "sync" for short, is a music license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize ("sync") music with some kind of visual media output (film, television shows, advertisements, video games, accompanying website music, movie trailers, etc.). | ||
| + | ::—[[Wikipedia:Synchronization rights]] | ||
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| + | == References == | ||
Revision as of 05:04, 15 September 2020
During the Covid 19 pandemic, musicians were isolated from their accompanists, live (in person) venues were closed by health-orders, and as the shelter in place orders expanded from weeks to months, musicians looked to busking on live-streaming video platforms (YouTube, Facebook, Twitch etc.) to try to earn a living. In the course of these performances the musicians generally take requests to supplement their own repertoire.
Assumptions for this document:
- This is the musician's rendition of a copyright work, often by request, not a recording of the work performed by the original artist.
- The copyright songs are used in video and not otherwise made available for sale.
- There is a presumption that money is changing hands through donations and possibly membership sites like Patreon.
- The live audience could generally be considered "a normal circle of friends", but playback of the recorded live stream may fall outside of this exemption.
- In addition to performance licensing, separate synchronization permission is also required for putting music to film, which would be impossible to anticipate in a live request scenario.
Overview
In the past, emerging artists would "cover" popular songs on YouTube for advertising and audience building purposes. These emerging artists would generally be very straightforward about providing the name of the covered song and the artist who made the song famous. The copyright holder has three options, do nothing, monetize the video and collect advertising royalties, or take down the video.
Definitions
- Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music's composer/lyricist and publisher [...] Performances are considered "public" if they take place in a public place and the audience is outside of a normal circle of friends and family, including concerts nightclubs, restaurants etc. Public performance also includes broadcast and cable television, radio, and any other transmitted performance of a live song. Permission to publicly perform a song must be obtained from the copyright holder or a collective rights organization.
- A music synchronization license, or "sync" for short, is a music license granted by the holder of the copyright of a particular composition, allowing the licensee to synchronize ("sync") music with some kind of visual media output (film, television shows, advertisements, video games, accompanying website music, movie trailers, etc.).