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Using Copyrighted Music for Square Dancing

Rich Reel 7 Mar 2007

A vast majority of the good music you hear is copyrighted. When you play copyrighted music in a way that enables the public to hear it (with or without your calling), there are some legal issues to keep in mind.

I am not a lawyer - Double check all information with your legal adviser.

With no license whatsoever, you may...

Use any music you've legally obtained from any legitimate source for your own ears (practice being a caller, etc.). This includes music someone has given to you or loaned to you provided it wasn't stolen or illegally copied, etc.
Make and use (only for yourself) a copy of music you legally own in another format (MP3, CD or minidisk for example).
Use music when you call to a group of friends in a basement (similar to playing music at a private party).
Use music when you call for a club, at a dance, or at a public event, if the club, the event organizers or another caller have the necessary BMI/ASCAP/SESAC "performance" license that can cover your use of copyrighted music. Copyrighted music includes square dance music you've purchased
Create (and use) a new recording from your own melody and your own arrangement (meaning you made it up yourself). Note your melody will need to be "different enough". See this famous court decision: George Harrison and The Chiffons
Perform (or pre-record yourself or someone else performing) music that is in the public domain. Music (in general, any creative work) not covered by copyright is said to be in the public domain and therefore ok to copy. Rules differ by country. In the US, if a tune was published over 85 years ago by someone who died more than 70 years ago, it is most likely in the public domain. "Under current law, the term of copyright is the life of the author plus 70 years; for works made for hire, the term is 95 years from the year of first publication or 120 years from the year of creation." (source) Note when you copy, you must copy the very old original melody, not a more modern (copyrighted) arrangement. You can search for music in the public domain at pdinfo.com

Let's be clear...

If you sell or give away the original format, you no longer own that music and any copies you have made are illegal.
Copies you make are absolutely not legal to give away or loan to anyone else while you retain a copy for yourself.
While you loan your original format to someone else, you may not use any copies you've made.

With a "Performance" license (BMI/ASCAP license available to square dance callers through Callerlab and ACA), you may...

Play any music you legally own and call over this music at a square dance, including paid public performance
Edit the music you use for this purpose in any way (copy, cut up, splice, edit, pitch-shift, tempo correct, remove vocals, play another instrument over, etc.) as long as you legally own the music

With a "Mechanical" license (available from The Harry Fox Agency), you may...

Create a new recording (play all the instruments) of a song that was copyrighted by someone in The Harry Fox Agency database
Have someone else (musicians or a band for example) record a song for you that was copyrighted by someone in The Harry Fox Agency database
Make a limited number of copies (specified in the license) of this new recorded version of the song and sell it for a profit
More information: Mechanical Licensing

With a "Master Use" license (usually available from the record company), you may...

Make a limited number of copies of your recorded version of another copyrighted recording and sell it for your own profit
Use a "sample" from a copyrighted recording in your composition
Copyright (and thereby protect) any creative editing work you've done with that performer's recorded version of a particular song
More information: Master Use License

With "Clearance" (permission) from the copyright owner, you may...

Publish lyrics
Publish sheet music
Change the original lyrics
More information: EMG Music Clearance
More information: MusicClearance.com

With "Synchronization Rights", you may...

Make a film or video that has copyrighted music audible on the soundtrack

Any violations of copyright law makes you open to a lawsuit from a copyright holder which could result in you having to defend yourself in court, pay damages and/or pay a negotiated settlement amount (usually a lot of money) to the copyright holder. In some rare cases, you could serve time in jail.

I am not a lawyer - Double check all information with your legal adviser.

Although written with a church in mind, The following PDF document (Adobe Acrobat Reader required) is a very good overview of what you can and cannot do with various licenses. It is written in a very simple question-and-answer format. Frequently Asked Questions About Mechanical Licenses and Synchronization Licenses [PDF] (Adobe Acrobat Reader Required)