Kendrick's Streaming of Music [US]

Streaming of Music - What Rights Do You Need

The following was presented by James M. Kendrick, Esq., of Alter, Kendrick &Baron, LLP, during the MOLA Webinar "Streaming Classical Music in the United States amidst the COVID Crisis" on 21 May 2020.  These slides have been reproduced with permission and thanks.

Please note this only applies to works under copyright - for further information on determining copyright status, please see previous page for resources.

Terminology

  • “Non-interactive” means that the user cannot choose when to listen to a work, like a radio broadcast
  • “Interactive” means the user can chose when to listen to a work 

Non-dramatic performance + Non-interactive audio-only stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right: performing rights organization (PRO)
    • In the US, usually ASCAP or BMI
    • Note: Some internet service providers (ISP) have PRO licenses that cover works posted by their users

Non-dramatic performance + Non-interactive audio-visual stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right: PRO or maybe ISP
  • Synchronization right: publisher
    • Note: may not be needed for one-time live stream with no copies retained but check with the publisher

Dramatic performance + Non-interactive audio-only stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right license: publisher (grand rights)

Dramatic performance + Non-interactive audio-visual stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right license: publisher (grand rights)
  • Synchronization license: publisher
    • Note: may not be needed for one-time live stream with no copies retained but check with the publisher

Non-dramatic performance + Interactive audio-only stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right license: PRO or maybe ISP
  • Mechanical license: publisher

Non-dramatic performance + Interactive audio-visual stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right: PRO or maybe ISP
  • Mechanical right: publisher
  • Synchronization right: publisher
    • Note: may not be needed for one-time live stream with no copies retained but check with the publisher

Dramatic performance + Interactive audio-only stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right license: publisher (grand rights)
  • Mechanical license: publisher

Dramatic performance + Interactive audio-visual stream

  • If performance materials rented for live performance, right to use those materials for streaming: publisher
  • Performing right license: publisher (grand rights)
  • Mechanical license: publisher
  • Synchronization license: publisher
    • Note: may not be needed for one-time live stream with no copies retained but check with the publisher
MOLA
Major Orchestra Librarians' Association, Inc.

Permanent address
1530 Locust Street, Philadelphia, PA 19102, USA

Business address
14070 Proton Rd. Suite 100 LB9, Dallas, TX 75244, USA
Facebook
Instagram
Twitter
Terms
Privacy Policy

For site concerns, contact webteam@mola-inc.org