365.5 Licensing and Royalties for Campus Performances of Music

365.5 Licensing and Royalties for Campus Performances of Music

A. Background

The Copyright Revision Act of 1976 removed most of the exemptions colleges enjoyed under the early copyright statues for the performance of nondramatic musical works. Under the 1976 Act most colleges must have agreements with the several organizations representing the copyright owners.

B. Policy

Furman University will conform to the Copyright Revision Act of 1976 and follow the recommendations of the American Council on Education in dealing with American Society of Composers, Authors and Publishers (ASCAP), Society of European Stage, Authors and Composers (SESAC), and Broadcast Music Incorporated (BMI), who are representing the copyright owners of nondramatic musical works.

C. Guidelines

1. The Business Affairs office is responsible for negotiating agreements with the three licensing organizations.

2. Exemptions provided by the 1976 copyright law for the performance of nondramatic music work are:

• face-to-face teaching activities of a nonprofit institution in a classroom or similar place devoted to instruction;
• broadcasting as a regular part of systematic instruction at a nonprofit educational institution for reception in classrooms;
• performances at which an admission fee is not charged and performers are not compensated;
• performances are which performers are not paid and an admission is charged, but the net proceeds are used exclusively for educational purposes and the copyright owner does not serve a timely objection.

3. Prior to events sponsored by Furman departments or organizations at which performers are paid, the appropriate budget unit heads, advisors to the organizations, and facilities supervisors must send a copy of the contract for the event to the Vice President for Business Affairs. The Vice President for Business Affairs will have the responsibility of accumulating this information and evaluating contract arrangements. Royalties, other than the fixed annual fees, are to be charged to the sponsoring unit.

4. If permission to use McAlister Auditorium is given to an off-campus group, the auditorium manager must obtain a signed agreement that the group has made arrangements for payment of the royalties due under the Act.

5. Within three days after the end of the month, sponsoring organizations are to send to the Vice President for Business Affairs four copies of all programs (prepared for information or distribution to the audience) of musical works performed at its concerts, recitals and similar events.

6. Noncompliance with the Act may result in fines and/or penalties.

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