Do I need a performance rights license on Virtuosica?

Performance rights are a complex issue. Here, we try to summarize and explain how it all works on and off Virtuosica.

If you are live streaming the performance exclusively on Virtuosica

In short, if you are live streaming the performance exclusively on Virtuosica, you are covered for over 90% of all songs and music in the United States market. Virtuosica has exclusive licensing deals with performance rights organizations Broadcast Music, Inc. (BMI) and the American Society of Composers, Authors, and Publishers (ASCAP) that allow for songs and music catalogued with these organizations to be performed on Virtuosica live streaming in the United States.

Using Virtuosica live streaming you may perform and / or enjoy the following songs and compositions: 

• any songs or compositions that you hold performance rights to;
• any songs or compositions that are in the Public Domain;
• any songs or compositions in the BMI or ASCAP catalogues.

If your event or performance is in-person, hybrid or live streamed to other platforms

Depending on the type of event or performance, you may require an additional license/s to perform and / or stream an in-person or hybrid concert. Let's break it down. 

Is your event private?

Private events are usually not required to obtain a separate performance rights license. But be careful, because what legally qualifies as a "private" event is not always what we think it is. Specifically, a private event is usually defines as a small gathering of family and close friends. In other words, if it's a small gathering for an intimate group and you're not selling tickets at the door or broadcasting the stream on any publicly available network or platform, then you're (probably) okay. 

Is your event public?

Is the performance for family and friends but in a public venue, like a park or community pool? Are you selling tickets, beverages or merch? Are invited guests allowed to bring others along? Are you cross-streaming the event on YouTube or Facebook Live? 

In all of these cases and more, you probably need a separate performance rights license and in some you may even need a synch rights license. 

If your event includes music performed at a wedding, social event, fundraiser or corporate event, you'll probably a license from one or more of the Performance Rights Organizations. Don't panic though! These fees tend to be relatively inexpensive for individual events. 

Please note, however, that some public venues are exempt from obtaining licensing. These exemptions usually include melodies used in education programs and venues like places of worship or establishments that use broadcast media and comply with noise regulations and usually hold licensing of their own.

What are Performance Rights Organizations?

Performance Right Organizations (PROs) are organizations that collect performance royalties for public or commercial performances. The top licensing agencies in the United States are ASCAP, BMI, SESAC, GMR, and PRO. They offer different types of blanket licenses to legally use music in businesses and public performances and make sure that everyone involved in making that music gets paid.  

Sometimes a blanket license with one of these PROs will not cover individual songs or music entirely. Some songs have multiple composers or lyricists and each of those may be represented by a different agency. The PROs represent more than just a song, but also its writers and composers.