- April 4, 2019 at 11:08 pm #589659
I understand that if your group performs copyright material, you need to pay a performance fee to ASCAP/BMI (based on the size of the audience, I believe) UNLESS you meet one of the exemptions.
For a non-profit charitable organization performing for no private gain, it seems that our group is exempt from paying the fee to ASCAP/BMI, even if we charge a ticket fee, assuming I’m reading Section 110, Paragraph (4) clause (B) correctly.
I believe we shouldn’t have to pay the performance fee because none of us get paid and any money earned from the performance goes back into funding the charitable organization.
Can anyone confirm or refute this?
according to: U.S. Code Title 17 – COPYRIGHTS, SECTION 110 Limitations on exclusive rights: Exemption of certain performances and displays,
(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if—
(A) there is no direct or indirect admission charge; or
(B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:
You must be logged in to reply to this topic.