Public Performance FAQ
Do I Need Permission To Play Music In Class?
Playing music during a yoga class, regardless of location, constitutes a public performance, which means you’re supposed to receive permission from the copyright owner. Rights are typically attained through the payment of a licensing fee to a Performing Rights Organization (PRO).
What Happens If I Don’t Pay?
A number of businesses have let us know that they have been contacted by licensing organizations and are now subject to hundreds of thousands of dollars in fines. Most were like you—one small school or individual teacher. But teaching yoga on a small scale does not mean you’re immune from following the law.
Penalties for copyright infringement can easily soar into hundreds of thousands of dollars, depending on how many classes you teach, how many school locations you operate, how many songs you play. Each instance of copyright infringement is subject to potential liability of up to $150,000! —which means each song you play without a license could cost you upwards of six figures.
But I Source My Music through a Third Party—I’m Okay, Right?
Yes, services like SiriusXM or Spotify or Pandora certainly are great sources of music for us to enjoy on our own time for our own listening pleasure. But they do not provide performance licenses that cover public performances of their listeners—such as by you as a yoga school or yoga teacher.
I’m a Yoga Teacher, and I Know My Studio Has a License—I’m Okay, Right?
Yes and no. While at that school or studio you might be covered, consider all of the other places where you might teach yoga—at a park, at a corporate office, at your community recreation centre, via a YouTube video. If you teach at any or all of these locations—and anywhere in-between—you are performing publicly and would therefore be subject to music licensing law.
Okay, but I Volunteer Teach—I’m Okay, Right?
No. You still would be subject to music licensing law.
Want more clarity on all this information? We just hosted a free webinar for yogis in the USA:
What Can I Do?
If you live and work in the United States, YogiTunes has you covered for Public Performance.
YogiTunes has you covered across the United States with a Public Performance License included in both Business (for individual professionals) and Studio (for yoga studios, spas, massage clinics, etc.). Start Your Free Trial.
Subscribe to a streaming service or app that offers music with a License for Public Performance. YogiTunes is the world’s largest catalog of independent health and wellness music with over 400 artists and 12,000 tracks that includes Licensed Music for Public Performances in the US. A ‘fair trade’ streaming music service, subscribers benefit from their curated playlists and can also easily create their own.
Outside of the United States?
We’re working on it. Currently copyright law outside the United States permits non US Performing Rights Organizations to collect public performance license fees exclusively. Meaning it’s difficult for a service like ours to provide the same type of license in Canada, and elsewhere due to federal laws. What’s even more frustrating is that the money collected by PRO’s doesn’t go to the artists who get played in yoga studios, massage clinics, etc. because PRO’s don’t have a way of knowing who they should pay. So the money the collect goes to popular artists who are tracking well on Spotify, YouTube, etc.
However! We have a solution that we’re working on… it’s quite complex, but we’re passionate about getting artists paid. So stay tuned on that front…
In the mean time, if you need a Public Performance License outside the US, you need to purchase one from your local PRO.
Frequently Asked Questions about Music Licensing
What is a “Public Performance?”
A Public Performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family and a small group of its social acquaintances). A Public Performance is also one that is transmitted to the public, for example, radio or television broadcasts, music-on-hold, cable television, and via the Internet. Generally, those who publicly perform music obtain a license from the owner of the music or his or her representative.
There are a few limited exceptions, called "exemptions." For example, a license is not required for music played or sung as part of a worship service unless that service is transmitted beyond where it takes place (such as in a radio or television broadcast). Public performances as part of a face-to-face teaching activity at a non-profit educational institution are also exempt.
We recommend that you contact your legal professional or representatives from each PRO to discuss any possible exemptions.
Do I need a license if I’m only using CDs, records, tapes, radio, or TV?
Yes, you will need a license to play CDs, records, and/or tapes.
A license for radio and TV transmissions is not needed if the performance is by means of public radio or TV transmissions in establishments of a certain size that use a limited number of speakers or TVs, if the reception is not further transmitted (for example, from one room to another) from the place in which it is received, and if there is no admission charge.
A licensing manager from each PRO can discuss your needs and advise how best to proceed if you utilize music from a radio or TV.
If others play music in my school or studio (i.e., independent contractors, sub-lessees), can I—the owner/operator—still be held liable for copyright infringement?
Unfortunately, yes. The Copyright Law of the United States, and subsequent case law states that the owner or operator of an establishment where music is publicly performed is required to obtain the advanced authorization required for the performance of copyrighted music on the premises.
Does the internet streaming site I use for background music include a license? Will I need to get a license if I use one of these services?
Most music providers are licensed with PROs. However, their licenses only extend to the music they supply to establishments with no admission, membership, or similar charge. Any live or other mechanically played music (i.e., radio, records, tapes, CDs, DVDs, MP3s, large screen or multiple televisions, Internet streaming, or personal computer) needs to be licensed directly from the PROs. To determine if your background music service provider is properly licensed for your use of the music, please consult with your legal professional, your music service provider, or a representative from each PRO.
What is a "Sync" License and when do I need one?
To publish online yoga classes synced to music, you must purchase a synchronization, or "sync” license, from the copyright owner. This includes videos hosted on YouTube or via personal websites as well as classes recorded via DVD or other mechanism.
What if I'm selling online classes synced to music?
To sell online yoga classes synced to music, you must purchase a mechanical license from the copyright owner. You must also procure written permission from the publisher if you use a commercial recording of the song in the online class.
The PROs listed above unfortunately do not offer either a sync or mechanical license. We recommend that you consult your legal professional to learn about purchasing a sync or mechanical license.
Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. YogiTunes does not endorse any single organization listed above, nor have they received any financial contributions for their inclusion in this article or taking part in any Online Workshop.
This article's content is specific to music licensing in the United States. YogiTunes has explored special music licensing arrangements for our Canadian members. Unfortunately, due to SOCAN (Canada’s music licensing PRO) as well as Canadian licensing restrictions, YogiTunes has been unsuccessful to date.
The content on this page is from our partner Yoga Alliance: https://www.yogaalliance.org/About_Yoga/Article_Archive/A_Crash_Course_in_Yoga_Music_Licensing_in_the_United_States