What's Right About Use Rights?

PUBLIC SCHOOL TEACHERS ARE EXEMPT FROM NEEDING TO OBTAIN USE RIGHTS OR LICENSES FOR USING MUSIC IN FACE-TO-FACE TEACHING!

IF YOU ARE A CORPORATE TRAINER OR CONSULTANT, READ ON. . .

Music use rights can be confusing but there are solutions to obtaining the appropriate rights to play music in your classroom that are simple and still honor the rights of the artists, composers and publishers. We at LifeSounds offer an easy and inexpensive solution through our USABLE MUSIC catalog. But there are other answers, too---and we've provided you with information on the alternatives. You can read the following information and decide how you want to handle your use rights. We also offer assistance for obtaining necessary music licenses for you or will help you put together your own purchased Music Library if either of these methods are the solution for you!

Whatever you decide, here are some questions about use rights that we've answered for you!

What are use rights?
Do I need use rights to play music in my classes?
What about music for video, TV, and internet?
How do I get use rights to use music legally in my teaching and training?
Is there a way to get all my music rights through LifeSounds?
How do I obtain a license?
How much does a Training and Development license cost?
If I am a corporate trainer, am I covered under corporate music license agreements?
What happens if I don't obtain use rights or a license?
What is face-to-face training?

What are use rights?
In the United States, music is actually the property of those who create it and copyright it. To have the right to use copyrighted music, one must have permission (a license or legal agreement) from the writer (lyrics), the composer and the publisher or use music with use rights approved such as LifeSounds USABLE MUSIC.

Do I need use rights to play music in my classes?
Public school teachers do not need to obtain rights for playing music in face-to-face teaching situations. They may use any pre-recorded music as a teaching tool in their classrooms providing they do not re-record it in any form.

If you are not a public school teacher and you play music in your classroom that you did not write and are not performing yourself then, under Copyright Law, you need use rights to play that music, either live or recorded. Trainers who use music in their training do need to have some form of license or need to use music with use rights approved such as LifeSounds USABLE MUSIC.

What about music for video, TV, and internet?
These types of uses require special licensing which may be obtained through a licensing agency or by purchasing music from a Music Library. The LifeSounds USABLE MUSIC does not come with these uses, excepting the music of Gary Lamb. See items #1-4 next for more information on licensing and Music Libraries.

How do I get use rights to use music legally in my teaching and training?
There are four ways in which you can be sure you are using music legally in your training.

1. Purchase from the LifeSounds USABLE MUSIC catalog
Use the music provided by LifeSounds in the USABLE MUSIC catalog on this website. All necessary rights to use this music in face-to-face training have been acquired and are included in the price when you purchase the music. These rights supersede the ASCAP, BMI or SESAC licensing requirements. However, these rights do not include re-recording for any reason or purpose. This means you cannot use this music on your website or training video or make a copy for a friend or coworker.

The USABLE MUSIC catalog includes numerous CD's in diverse styles for a variety of classroom uses. Some of these recordings have been designed for classroom use (i.e. recordings from The LIND Institute, The Brain Store and Trainer's Warehouse). Others are included in the catalog because Chris Brewer has determined they work well for the suggested uses and has obtained use rights for you. The USABLE MUSIC recordings are created by artists who have written, performed and published their own music and own sole rights to their music. LifeSounds, through The Music Resource Group, has explained to these artists how teachers and trainers want to use their music to enhance learning. The artists are excited about having their music played in the classroom and so have signed an agreement to that effect. They charge no additional fee other than the cost of the recording (see * below). However, they ask that you respect their livelihood by not duplicating their music in any way. You may also contact artists such as these on your own and obtain written permission to use their music in face-to-face training.

When you purchase USABLE MUSIC CD's you may also request a Use Rights Agreement which states the ways in which you may use your music in your classroom. It is not necessary to have this agreement to use the music in face-to-face-training but is available if necessary.

*The majority of the USABLE MUSIC recordings do not include additional costs beyond the price of the CD. An exception is Gary Lamb's music, carried in the USABLE MUSIC catalog. This music is priced at $16 for personal use, but an additional $24 (total $40) is required if use rights are to be included. If you request these use rights, you will be provided with a Royalty Free Waiver that provides royalty free use of Gary Lamb's music which, unlike the other USABLE MUSIC does include multi-media projects, video, film, television, training programs and seminars, CD-ROM, music on hold (including PBX systems), in-office and in-store play.

Is there a way to get all my music needs through LifeSounds?
Yes! You can find music for most music uses through the USABLE MUSIC catalog. We also offer packages with reduced rates for bulk orders. If you have needs beyond what is in our catalog, we can help you obtain a license for the music you need or get what you need from a Music Library. Contact us for more information and assistance!

2. Obtain use rights directly from the writer (lyrics), composer, performer and publisher
You can obtain your own use rights by getting written permission directly from the writer, composer, performer and/or publisher for your uses. These rights will supersede any licensing agreements they may have with licensing agencies. This can be a time-consuming task, which is why LifeSounds offers you the USABLE MUSIC catalog. If you have music you think would be especially useful in this catalog, please let us know! We are always looking for new artists and music.

3. Obtain a License to play copyrighted music
A second route to getting legal use rights is to obtain a license from a licensing agency. There are three major licensing agencies that issue licenses and can offer one license that covers all of the necessary permissions. There is generally a fee for a license to play music, whether it is performed live or in a pre-recorded (it's called mechanical) form.

ASCAP (the American Society of Composers, Authors and Publishers) is the oldest and largest licensing organization in the United States that provides the rights to use copyrighted music for business. Music Trivia: ASCAP was founded in 1914 by Victor Herbert, John Phillip Sousa, Irving Berlin and other leading American composers and publishers. It has over 68,000 members who grant ASCAP the nonexclusive right to license the nondramatic public performance of their copyrighted music.

BMI and SESAC are other licensing agencies that have .com websites you may want to look at. The small print on the back of most recording covers will generally indicate who holds licensing rights to music you are interested in. If you license through ASCAP, BMI, or SESAC you will have access to a list of the music you may use---and there will be a lot of music available!

How do I obtain an ASCAP license?
You can find ASCAP on the web at www.ascap.com. They license various uses of music. The License Agreement for "Training and Development Sessions, Educational or Informational Seminars" is the one you want for training and teaching. The form is not available online, however you can request a form the website and you will be contacted by ASCAP for further assistance. To access the site, go to www.ascap.com, select "General" licenses and click on the "List of Licenses" in the text. You will see the training license on the list and be able to enter your name and contact information at the site. You may also contact ASCAP at 1-800-505-4052 in New York. They will provide you the phone number for your regional ASCAP representative who can answer your questions and provide you with information and forms.

How much does an ASCAP Training and Development license cost?
There is an annual fee that is based upon the number of people you have trained. The fee in 2003 is $0.41 per trainee. A minimum annual charge of $329.87 is assessed. Generally, you pay the minimum amount and report quarterly on the number of people you have trained. If you exceed the minimum ASCAP will bill you an additional fee.

If I am a corporate trainer, am I covered under corporate music license agreements?
You may be. Check with your corporations' legal department. If the corporation has a Music-in-Business Blanket License Agreement with ASCAP or other agency, you will be covered under that agreement for the music licensed by that agency. This license covers music played in the "licensee's business locations" and means "all locations, not generally accessible by the public, at which the licensee conducts its day-to-day business operations." Corporate training facilities would be covered under this license. The agreement also covers "licensee's event locations" meaning "all locations at which the licensee conducts events---activities presented or sponsored solely by or under the auspices of the licensee and open only to the licensee's employees and their personal guests." If your corporation holds trainings in other facilities than there own you would not need to obtain a training and development license if the corporation holds a Music-in-Business license. This license also covers on-hold music for telephone systems.

The ASCAP (or other agency) Music-In-Business license does not cover conventions, expos, trade shows, institutes or other such meetings unless these are open only to the corporate employees. If you present at a conference that does not meet this criteria you will want to make sure you have appropriate licensing (See ASCAP Conferences, Conventions, Expos and Tradeshow License).

What happens if I don't obtain use rights or a license?
If you do not have some form of use rights or license agreement for the music you use in training, your organization and individuals responsible for unauthorized performance of copyrighted music in the ASCAP repertory, may be assessed damages for each copyright infringement. Penalties range from $500 to $20,000 plus a reasonable attorney's fee.

4. Buy music from a Music Library
Another way to obtain use rights is to outright buy the music from a Music Library. Music Libraries have music that may be purchased and generally used in any performance setting as well as re-recorded. They may not be re-recorded and resold. Once you have purchased the music however you can use it for on-hold, website, training, etc. You may use multiple copies for entire corporate training departments, too-so one corporation can purchase music designed for trainers and prepare a CD for the entire training department!

This can be a good way to go, especially if you have multiple uses/needs for music. However, it does require time to go through the various music selections and pick just the right one, etc. Prices vary but generally you will find that it costs around $. Also, quality varies so you will want to check out more than one library. You can search "Music Libraries" on the web and find a number of different vendors.

LifeSounds offers a Music Library service for creating and delivering a Music Library recording. We will:

· help you evaluate your music needs
· recommend music uses/solutions
· select music from a Music Library
· assist in packaging your music for your uses

Contact us for more information.

What is face-to-training?
This is any teaching or training you do live and in-person! There are numerous ways that music may be used in face-to-face training. The legal description of face-to-face training methods used in the USABLE MUSIC agreements is shown below.

USABLE MUSIC, described as the Property herein, may be used as follows:

Active Learning Experiences - using music to activate participants mentally, physically, and/or emotionally and creating energized learning states which enhance understanding of the learning material.

Focus and Alpha State Learning - using music to stabilize participants' mental, physical and emotional rhythms and allow participants to attain a state of deep concentration and focus so that content information can be processed efficiently and effectively learned.

Welcoming and Attention - using music to provide a welcoming atmosphere and help prepare and motivate participants for learning tasks. Using music to increase energy and attention levels of participants.

Community Builders - using music to provide a positive environment that enhances participant interaction and helps develop a sense of community and cooperation. Using music to enhance participants' understanding of a culture and the music of that culture.

Creativity and Reflection - using music to stimulate internal processing, to facilitate creativity, or encourage personal reflection.

GOOD LUCK---and remember---it's worth it!

Music is the electrical soil in which the spirit lives, thinks and invents!

---Beethoven