How to Get Permission to Use Copyrighted Music

Music enlivens virtually any performance, be it a film, television show, play or PowerPoint presentation. However, before you use that perfect piece of music in your show, you might need to get permission and most likely pay royalties before you use it.

Copyright laws protect the composer of a piece of music, and in order to use it, you might need the copyright holder's permission to use his or her work before you can do so. This may or may not involve payment---it depends on the copyright holder, your planned use of the material and your negotiation skills.

Whatever your plan, if you follow these steps, you can get a start on adding the music to your show.

Things You'll Need

• Computer
• Telephone
• Pen
• Paper

Instructions

1. Determine if you need permission. If you plan to use the music privately for personal use, then you do not need permission. If the composer (or copyright holder) has been dead for more than 50 years, then the piece is in the public domain, and you do not need permission. However, if you plan to present this music publicly, then you need permission.

2. Find the appropriate agency. There are thousands of publishers and composers, and tracking down the right one could take you far too much time. Fortunately, there are agencies that can grant license for you to use the music. In the United States, the three main agencies are as follows:
   ASCAP
   BMI
   SESAC

   From each of these websites, you can determine which agency holds the rights to the copyrighted music you want to use.

3. Ask for permission to use the copyrighted music. Once you determine which agency holds the copyright, you need to actually ask. Fortunately, you can do so through the individual agencies' websites. Fill out the appropriate forms and wait for your reply.

4. Pay any necessary royalties. Depending on what you negotiate, you will most likely have to pay a royalty to the artist to use the copyrighted music.

Tips & Warnings

• Remember that agencies do not have to give you permission, and until you receive confirmation that you have it, you cannot use the copyrighted music.

• If you do choose to use copyrighted music without permission, you could face fines and/or prison time. If a court finds you used the copyrighted music willingly, you could be forced to pay damages up to $150,000. If a court finds you willingly used the material for financial gain, you could face fines up to $250,000 and up to five years of jail time.

References

• Guidelines for the use of music under copyright
• Getting Permission
• U.S. Copyright Office -Can I Use Someone Else's Work? Can Someone Else Use Mine?

Resources

• ASCAP
• BMI
• SESAC