365.5 Licensing and Royalties for Campus Performances of Music

365.5 Licensing and Royalties for Campus Performances of Music

A. Background

The Copyright Revision Act of 1976 removed most of the exemptions colleges enjoyed under the early copyright statues for the performance of nondramatic musical works. Under the 1976 Act most colleges must have agreements with the several organizations representing the copyright owners.

B. Policy

Furman University will conform to the Copyright Revision Act of 1976 and follow the recommendations of the American Council on Education in dealing with American Society of Composers, Authors and Publishers (ASCAP), Society of European Stage, Authors and Composers (SESAC), and Broadcast Music Incorporated (BMI), who are representing the copyright owners of nondramatic musical works.

C. Guidelines

1. Conference and Event Services is responsible for negotiating agreements with the three licensing organizations.

2. Exemptions provided by the 1976 copyright law for the performance of nondramatic music work are:

• face-to-face teaching activities of a nonprofit institution in a classroom or similar place devoted to instruction;
• broadcasting as a regular part of systematic instruction at a nonprofit educational institution for reception in classrooms;
• performances at which an admission fee is not charged and performers are not compensated;
• performances are which performers are not paid and an admission is charged, but the net proceeds are used exclusively for educational purposes and the copyright owner does not serve a timely objection.

3. Prior to events sponsored by Furman University departments or organizations that are dramatic in nature, the appropriate budget unit heads, advisors to the organizations or facility supervisors should contact Conference & Event Services to determine if they need to pay an additional licensing fee. In such cases, royalties, other than the fixed annual fees, will be charged to the sponsoring unit.

4. Noncompliance with the Act may result in fines and/or penalties.

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