The music broadcast in grocery stores and elevators is a service purchased from one of many organizations that offer it (the largest is Muzak).
Radio stations and businesses typically pay a flat rate once a year, called a blanket license, which can vary based on the size of the audience, value of the advertising revenues, and amount and nature of music usage.
Broadcasting pre-recorded music at live events at outlets larger than stores or restaurants, such as stadiums, arenas, or parks, is covered under United States Copyright Law through a "blanket license" that obtained from one of the performing rights organization (PRO), such as BMI or ASCAP.
These are compulsory licenses that are held by the PROs, and typically offered based on a per-attendee cost per song, paid to the PRO, which then distributes the royalties to the artists.
[9] Licensing issues are encountered when TV shows or films using copyrighted music are released on both DVD and streaming formats.
In a few cases, TV shows, with extensive use of copyrighted music whose cost of "after-market" licensing is high, are withheld from release on DVD; notable examples include The Wonder Years, Murphy Brown, Happy Days, WKRP in Cincinnati, Third Watch (beyond its first two seasons), Cold Case, Popular and MTV's Daria, some of which were eventually released after long delays.
Criticism need not be negative: if a jazz soloist quotes a phrase from a well-known solo by another player, it might be viewed as an homage.
[19] Music sampling has been aggressively pursued by copyright holders as a form of "free riding" but might be interpreted as a transformative use.
[20] Section 110 sets out eleven situations in which performance of a work, including broadcast, "are not infringements of copyright" [21] The major exemptions are outlined in paragraphs 1 to 5.
Paragraph 4 applies to non-dramatic literary or musical works (but not plays or video) performed by non-profit groups such as a community band or orchestra.
It must provide information to faculty, students, and relevant staff members describing US copyright law and promoting compliance.
The last condition may not be met if the copyright owner has objected by serving written notice to the performing organization which conforms to requirements outlined in the statute.
Popular cell phone apps, such as Shazam,[28] and other readily available programs make it possible to automate identification of music posted on public sites.
[31] A nondramatic literary work may be performed or transmitted to blind persons or other handicapped persons who are unable to read normal printed material, or to deaf or other handicapped persons who are unable to hear the aural signals accompanying a transmission of visual signals if the performance is made without any purpose of direct or indirect commercial advantage and the transmission is made through the facilities of a governmental body, a non-commercial educational broadcast station, a "subcarrier" of an FM broadcast station or a cable system.
[32] A single performance of a dramatic literary work may be transmitted specifically for the blind or other handicapped persons if the work was published at least 10 years before the date of the performance, there is no direct or indirect commercial advantage, and the transmission is made through an FM radio subcarrier as defined in paragraph 8.
[36] In 1995, the ASCAP (the American Society of Composers, Authors, and Publishers) ordered The American Camping Association to pay royalties for campfire songs sung at any of their 2300 camps, including popular singalong songs "Puff the Magic Dragon" and "This Land Is Your Land".
"[40] ASCAP expected to be paid license fees for any of the 4 million songs included list sung publicly.
In August 1996, The Wall Street Journal published a frontpage article, "Ascap Cautions the Girl Scouts: Don't Sing 'God Bless America,'" describing the scene at Diablo Day Camp in Lafayette, California, as a troop of Girl Scouts danced to the Macarena in silence for fear of copyright infringement.
[37] The video performance of Girl Scouts silently dancing made its way onto mainstream news, bringing attention to ASCAP's demands.
"[41] ASCAP quickly sent a press statement claiming that it never intended on receiving royalties and has never brought nor threatened to bring suit against the Girl Scouts.