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Noprofit cheerleading mixes

Discussion in 'Copyright, Trademark, Patent Law' started by Ace0807, Jul 29, 2016.

  1. Ace0807

    Ace0807 Law Topic Starter Guest

    Jurisdiction:
    Illinois
    Hello i am a coach for a non for profit cheerleading organization. I mix music yearly not to sell but to use for my own teams cheer routines. We go to competions using the same music. My question is do i need to aquire any licences to use the music since i am not selling the music. I normaly mix about 5 songs into 1 song. Please help me out ASAP. I have to start my music for this season and need to know if i need to take any steps that i may have missed before.
     
  2. ElleMD

    ElleMD Well-Known Member

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    You are good. Frequently Asked Questions | Copyright Guide for Music Librarians / Resources


    Is permission required to perform a copyright-protected work in public? #PR3 { display:none; } @media print { #PR3 { display:block; } }


    Section 106(4) grants the copyright owner the exclusive right to perform "literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works" in public. Mere ownership of a printed score or a sound recording does not convey the right to perform that work in public.

    However, some exceptions to Section 106(4) do exist. In order to accommodate educational and other non-profit uses of music, Section 110 includes ten lengthy limitations to the performing right as defined in Section 106(4). The exemptions most relevant to music libraries and their patrons are:


    • Instructional performances. Section 110(1) provides an exemption to use any work in face-to-face instruction in "a classroom or similar place devoted to instruction." The performance must be by "instructors or pupils" in a nonprofit educational institution. Guest lecturers qualify, but outside performers do not.

    • Instructional broadcasts. Section 110(2) provides an exemption for instructional broadcasting of non-dramatic works only. The performance must be "a regular part of the systematic instructional activities of a governmental body or a nonprofit educational institution" and it must be "directly related and of material assistance to the teaching content" of the program. Section 114(b) deals specifically with public broadcasting of sound recordings: "The exclusive rights of the owner of copyright in a sound recording under clauses (1), (2), and (3) or Section 106 do not apply to sound recordings included in educational television and radio programs (as defined in section 397 of title 47) distributed or transmitted by or through public broadcasting entities (as defined by Section 118(g)): Provided, that copies or phonorecords of said programs are not commercially distributed by or through public broadcasting entities to the general public."

    • Religious performances. Section 110(3) makes exempt "performance of a nondramatic literary or musical work or of a dramatico-musical work of a religious nature . . . in the course of services at a place of worship or other religious assembly." This exemption does not include broadcasts.

    • Certain Other Nonprofit Performances. Section 110(4) exempts the performance of a nondramatic literary or musical work (excluding broadcasts) "without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers" if there is no direct or indirect admission charge, or if the proceeds after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    OK.

    Now tell us where the money comes from that supports your cheerleading organization. Be specific. Could make a difference.
     
  4. Ace0807

    Ace0807 New Member

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    There is a sign up fee at the begining of the year to cover costs for the cheerleaders bows, uniforms, cheer bags, and so on. We raise money to go to state each year. The big problem here is our organization that does the state championship got in trouble for mixing music and charging teams. So they turned around and said all of the teams can only use one song and we must show proof of ownership.
     
  5. Ace0807

    Ace0807 New Member

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    We only preform the routine with our music at the games and competion. The team does not charge for any of the preformances. It is impossible to come up with a routine to a single song that cant be edited. I have a meeting tomorrow on it and am looking for anything that can help my team.
     

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