On 4/29/97, David Ginsberg <davidg[_at_]metrolight.com> wrote:
>
> I made a post a week ago about rights to music used in connection
> with sports events, and other than one comment about sacrificing a
> horse to make the event fall within the exception for religious
> events, I got no replies, either private or on the list.
>
> Doesn't anyone have any comments about use of recorded music in
> connection with athletic performances, amateur and/or professional,
> e.g. Olympic competitions vs. local amateur athletics?
>
> I'm used to having people's eyes glaze over when horses are
> mentioned <g>, but I didn't expect to get so little in reply to my
> post. Original post follows:
>
>
> Recorded music (usually commercial tapes or CDs rather than
> custom-produced recordings) is used to accompany the free-style
> (or kur) portion of dressage competitions. These competitions are
> much like ice skating or gymnastics competitions, in which the
> athletes perform prescribed motions to music -- except they involve
> a rider on a horse. Because a different tempo is required for each
> motion, the music is usually a montage of a number of different
> recordings, unless the rider arranges for a custom composition (very
> rare -- even at international level competition).
>
> These competitions range from local shows attended by amateur riders
> (not affiliated with any organization other than the local riding
> club or stable - and usually run on a shoestring budget) to
> local/regional shows sponsored (or sanctioned) by a national
> organization such as the U.S. Dressage Federation, to international
> competition sponsored by the Federation Equestre International (FEI)
> and the International Olympic Organizing Committee (IOOC). I have
> attended events at all levels -- from backyard shows for beginning
> riders to last summer's Olympics in Atlanta -- and I have seen dressage
> tests performed to montages of prerecorded music at all of them. With
> VERY few exceptions, the montages seemed to be made from commercially
> produced recordings.
>
> My questions are:
>
> - What rights have to be obtained by the rider for use of the music?
>
> - Is there any difference in the rights required for a neighborhood
> show vs. the rights for an FEI and/or Olympic event (is there a legal
> threshhold beyond which rights must be obtained? or is it just a
> practical threshhold where no-one knows about local shows, so the
> likelihood of being penalized for an infringing local use is low,
> while the likelihood of being "caught" in an upper level show is
> greater?)
>
> - If rights must be obtained, how do you clear them? Contact the
> publisher of the record label each piece of music was recorded on?
> The performer's agent? Or is there a clearinghouse which can do this
> in one stop? BMI? ASCAP?)
>
> - Is there any potential liability on the part of the **organizer**
> of the event, if s/he allows a rider to perform to music without
> adequate clearances?
>
> - What if the event were recorded on videotape (as Premier Horse
> Network did record the Olympics) for broadcast and for sale on
> videotape?
David:
Apart from "Yes, the copyright owner's exclusive rights apply and you need a license," I don't know the answer to your question offhand, I was eagerly awaiting a ripe plum to drop from some lawyer on the list who's actually dealt specifically with this. So here's my conjecture. I have no doubt that canned pop music and organ music used at arenas and other venues in conjunction with sporting events in general are licensed from the rights societies under a blanket venue license.
With regard to music used for a routine in competition by athletes in gymnastics, ice skating, or in your case dressage, I would imagine-- since I know of no exception in the Copyright Act--that these have to be specifically licensed by title, rather than handled under a blanket license for an arena or other venue, although I really have no idea and Kohn on Music Licensing did not offer guidance, so your mileage may vary. Depends on the terms of the venue's blanket license, I would guess. My theory is that technically this is a live public performance and the music is being specifically synched to it so it probably commands its own license fee.
Non-profit organizations (ie your amateurs) whose activities do not fall under the educational or religious copyright exemptions would not automatically be able to avoid licensing just because they are tax-exempt (as we all no doubt remember from last year when the WSJ reported that one of the rights societies went after the Girl Scouts for a blanket org license for playing and performing still-in-copyright campfire songs and, of course, the Macarena).
My business hunch would be that your venues, eg riding clubs, etc may or may not already have blanket licenses if they accommodate the public or are otherwise generally used for a number of activities.
My second business hunch is that any show or competition lasting for hours, a day, or even a couple of days, with attendance less than 10,000, will probably never attract the attention of a performing rights society, which is why you don't know anyone who's been busted for copyright infringement. My guess is their energies would be directed at a national-level org like the Girl Scouts, and they would seek to extract a blanket annual license from the org for all activities, rather than locally rounding up the usual ASCAP v. 25 Defendants for playing the radio in a public place or synching Cousin Mary's wedding video to the soundtrack from The Big Chill.
With respect to anything going onto video or broadcast, yes, there are licenses necessarily involved. The broadcast license may either be covered by the broadcaster's license. The producing organization will need a license for synch rights to make the video, if it is for purchase or distribution or broadcast. And yes, I see potential liability for the organizer and yes, I would want to look into purchasing a license covering the specific use being made. If it's left up to the athlete or some other party, I would want a contract or release form specifically stating that they have taken responsibil ity for music rights, as a condition of participation. But I don't think that kind of language would ultimately get the organizer off the hook, so I don't think it should be left up to the athlete. You should check with the legal or adminstrative arm of the national affiliate organization to see if they have a blanket license of some sort for their sponsored activities.
I have no doubt that if you call up ASCAP they will indicate that they have an appropriate license to purchase for live sporting events. ASCAP, Harry Fox (synch rights) and BMI all have web sites where you can get their contact information.
Carol Shepherd
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technology, entertainment +1 313 668 4646 tel
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Received on Tue Apr 29 1997 - 21:28:11 GMT
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