Under the 1976 Copyright Act, the holder of the copyright or its assigns (BMI, SESAC, or ASCAP) has the exclusive right to reproduce the work and, in the case of a sound recording, to perform the copyrighted work publicly. Broadcast Music Inc. (BMI), SESAC and the American Society of Composers, Authors and Publishers (ASCAP) are the three music licensing companies that each have the rights to different music.
- "Perform" has a broad definition and includes singing, playing music, broadcasting, playing a CD or DVD, or turning on a radio or TV.
- "Publicly" means to perform any place where a substantial number of persons outside a normal circle of family and social acquaintances hear the music or it is open to the public.
Examples of situations where playing music may be a public performance include live performances; DJs; karaoke; music in common areas; large screen or multiple TVs; background music; resident social gathering/holiday events; and aerobic/dance/fitness classes.
A determination of whether you need a license from BMI, SESAC, and/or ASCAP will depend on the specific circumstances in your community. We recommend you consult an attorney before deciding to apply for a license.
For more background, members can refer to “Music
Licensing Basics for Long Term Care Providers and Their Attorneys,”
which is a reprint of an article originally published in the December 2018 issue of the American Health Lawyer’s Association Post-Acute and Long Term Care (PALS) Newsletter.
You can get more information by going to the website of each of the licensing entities:
AHCA/NCAL does not have an agreement with any of these three companies.
However, Mood Media is the newest company to join the association’s member-only Preferred Provider Program! Mood offers exclusive AHCA/NCAL member pricing on music, messaging, and scent services that will enhance the resident experience in any long term care center. Mood's music solutions are 100% fully licensed for all Mood usage applications and are commercial free.
There are three ways to contact Mood Media:
- Call 1-800-345-5000 (Select Option 4)
- Go to http://partner.moodmedia.com/ahcancal/ (password: moodpartner) for FAQs and a price sheet
- Email: firstname.lastname@example.org