Publications

This Publication is FREE for HFA members

Music copyright laws can be confusing. Simply buying a CD or purchasing a streaming music subscription may not be enough to protect your business from inaccurate interpretations or unfair enforcement of the U.S. Copyright Act of 1976.

HFA recognizes the validity of the Copyright Act of 1976, which grants copyright owners (i.e. composers and publishers of popular music) the exclusive right to publicly perform or authorize the public performance of their copyrighted works. Ultimately, the Act makes it illegal to perform a copyrighted work in a public place without the consent of the copyright owner.

Whether you're playing live music, radio, online streaming services, CDs, or even records, your club is required to pay copyright fees to use music in group exercise classes or as background music. There are music licensing organizations that provide licenses to legally play copyrighted music in exchange for a fee. HFA's Music Licensing in the United States briefing paper explains both who and what these organizations are as well as any exemptions under the Fairness in Music Licensing Act.

This paper also contains information that will help clarify any of your concerns, and provide you with answers to the following questions:

• What are the copyrighted works in music?
• What are exclusive rights?
• What exclusive rights are typically implicated by providing audio-only and audiovisual programming within a health club or studio?
• Are club and studio operators required to pay royalties?
• Are there exemptions?
• Who or what are ascap, bmi, gmr, and sesac?
• We have been contacted by global music rights asking us to pay a licensing fee to them. Are they a legally recognized music licensing organization?
• Are there other performing rights organizations (pros) that may contact us and demand that we take a license?
• How do pros determine the cost of a music license for clubs and studios?
• Am I legally obligated to take a license from every pro and pay them the royalties they demand?
• How is copyright law enforced?
• Am I required to pay copyright fees if I only play music via terrestrial radio?
• What if members are using their own smartphones to listen to music via wired or wireless headphones?
• What if my club or studio does not play background or overhead music?
• What if I use a background music service?
• Is a music license needed for songs purchased on itunes, amazon, bandcamp, or from some other online music retailer
• Can I (or an instructor) legally stream music from my personal account with amazon, apple music, spotify, pandora, etc., in my club or studio, including in instructed fitness classes?
• Are clubs and studios required to obtain a license to play audiovisual works (e.G., tv, movies, etc.)?
• Do I need to obtain a license to perform sound recordings in my facility or obtain a license from soundexchange?
• What is HFA doing about music copyright fees?

This document provides you with specific information applicable to all club and studio operators on the topic. It should not be considered legal advice. If you have questions after reading the briefing paper, you can contact HFA to see if we have additional information. But sometimes your best next step will be to seek the advice of an attorney that is qualified in your area of concern. Feel free to share the briefing paper with your attorney.