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“If you need to pay the rent, you’ve got to be commercial, and there’s nothing shameful about that.”
--Willie Nelson – songwriter/artist
No event is complete without music, whether it is background music, live entertainment, or a recorded soundtrack that accompanies a presentation. In addition to being a form of entertainment, music is also a business, as Willie Nelson makes clear in his quote. As an event planner, who will constantly use all types of music as part of your events, you need to be aware of music licensing laws, of your compliance obligations under those laws and the rights of musicians to payment for the use of their music. Music is a constant presence in our lives today. Nearly everywhere we go-- to the mall, the grocery store, in our cars, our homes, at the movies, on the television, to events, in elevators, and sometimes in our offices, some type of music is being played. It is often such a constant presence that we do not even pay attention to it most of the time. Because music is everywhere, we may assume that it belongs to everyone.
This belief was carried to the extreme by Napster, the Internet website that allowed free music downloads. Users could access Napster's website to get free copies of their favorite songs that they could save to their computer's hard drive and listen to at their convenience. During its heyday, Napster was one of the Internet's most popular websites, with millions of users downloading thousands of songs every day. Napster was sued for its activities and was eventually shut down. Its crime was not paying royalties and licensing fees to the thousands of songwriters and performers who owned the rights to music that Napster was distributing. Napster's activities were illegal because music, in addition to being a form of entertainment, is also a business. Musicians earn their living through their music. They are entitled to receive payment, in the form of royalties, whenever their music is performed.
A songwriter has three rights to their music:
- Performance rights governing the performance of their music either by them or by others
- Mechanical rights covering the reproduction of songs on tape, such as a recorded cassette or a CD
- Synch rights covering synchronizing music with images on video or film, such as a sales training tape containing video and music
Songwriters have legal rights; they essentially own their music and through the purchase of a CD, tape, or a license, we pay for the individual and personal use of that music. Different laws apply to the use of music in a public setting or gathering. As an event entertainment planner who will use music in many of your events, you need to be aware of your legal obligations, to the songwriters and to your clients under these laws.
Click here for this issue's
Industry News: Hiring Headline Entertainment for the Meeting and Event Professional
Click here for this issue's
featured artist: Linwood Peel's Tribute to The Drifters
 Mark
Sonder, CSEP is the Chief Entertainment Officer of Mark Sonder
Productions, an award-winning leading national entertainment agency designing
headline talent and production services for facilities,
corporations and associations. In addition, Sonder sits on
the faculty of the University
of Nevada at Las Vegas (UNLV), The George Washington University, Stratford
University, and Northern Virginia Community College. Event
Entertainment and Production is the book published by
Wiley authored by Sonder.
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