Have a clubhouse? Do you play music in that clubhouse? If so, then hopefully you know that under certain circumstances you might be required to have a public performance license to play that music or be susceptible to fines. In the most recent issue of Units Magazine, NAA provides a helpful primer to assess your unique situation. Here’s an excerpt:
As part of the guidance, Prof. David Nimmer was asked to review several fact scenarios that commonly occur at apartment communities. Prof. Nimmer, author of the seminal treatise in the field, “Nimmer on Copyright,” is regarded as a foremost expert on copyright law in the United States.
As explained in the memorandum, which is available online in the members-only portion of the NAA website, Prof. Nimmer reviewed the hypothetical scenarios, and based on U.S. statutes and case law, has determined that a music public performance license is not needed in the certain situations.
His conclusions are limited to the hypothetical facts set forth in Prof. Nimmer’s memorandum. They could prove valuable to companies seeking to avoid settlement or the renewal of any existing license agreements they might have with SESAC, BMI or ASCAP.
While this is a handy tool, remember that you should always consult with legal counsel to confirm if performance licenses are required.