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: not needed for one-time live streams

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: not needed for one-time live stream

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: not needed for one-time live stream

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: not needed for one-time live stream