Music and Movies – Know the Difference for Licensing

ACHA has created this article on facility use of music and movies. Please contact OHCA’s Gwen Dayton, gdayton@ohca.com, with any questions about your licensing use.

Some members have been contacted by one or more of the three entities which hold copyrights for music: BMI, SESAC, or ASCAP. These contacts, by letter or telephone call, assert the member is violating US Copyright Laws by playing music in a public space. They are requesting the provider apply and pay for license to play music in their communities (both assisted living and nursing facilities).

Music licensing 

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. 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.

There are two exceptions which may apply to members:

• Areas less than 2,000 total square feet (excluding residential areas) may be excluded from having to obtain a license.
• Live performances for residents in a not-for-profit community that does not create any direct or indirect commercial activity (marketing) do not need a license—a local choir singing Christmas carols would be an example.

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.

You can get more information by going to the website of each of the licensing entities:

• BMI
• SESAC
• ASCAP

Finally, AHCA/NCAL is excited to announce that Mood Media is the newest company to join our 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 percent fully licensed for all Mood usage applications and are commercial free!

There are three easy ways to reach out to Mood:

• Call 800-345-5000 (Select Option 4)
• Go here(password: moodpartner)
• Email: ncalahca@moodmedia.com

More information about Mood‘s services and products can be found in the Frequently Asked Questions link as well as this exclusive AHCA/NCAL member-only pricing sheet link on the Mood website.

Set the perfect Mood in your long-term care community. Check out Mood today!

Please note, many owners of personal devices may have an agreement to stream music or play music through various devices. These agreements may or may not actually cover the public nature of playing the copyrighted material. Please consult the agreement to see if it is a private or personal license, rather than a public license.

Motion Picture Licensing Corporation Agreement 

Motion picture showings within senior living and healthcare communities have always required a public performance license in accordance with the US Copyright Act. As a result, AHCA/NCAL (and all other leading professional associations including LeadingAge, National Association of Activity Professionals [NAAP], American Senior Housing Association [ASHA], and Argentum) has entered into an agreement with Motion Picture Licensing Corporation (MPLC).

The 2016 Agreement better educates our members on the need for copyright compliance when motion pictures (movies) and other audiovisual programs are shown in senior living and healthcare communities, and secures the greatest possible discount for member facilities on the Umbrella License®.

Best of all, AHCA/NCAL is pleased to announce that all associations have collectively negotiated a special introductory discount of almost 40% for qualifying member facilities that secure an Umbrella License® before December 31, 2016.

Below are some resources on the newly negotiated agreement.

• AHCA/NCAL 2016 Agreement with Motion Picture Licensing Corporation
• 2016 Terms for MPLC
• The Umbrella License®
• MPLC