Do Small Community Groups Need a Copyright License to Perform Disney Songs and Scripts in the USA?

Question from BB, Do Small Community Groups Need a Copyright License to Perform Disney Songs and Scripts in the USA?

Answer from AI:

In the United States, copyright law protects original works of authorship, including songs and scripts from movies. This means that, generally, you need permission from the copyright holder to perform these works publicly. However, there are some exceptions and nuances to this rule that may apply to your situation.

Understanding Copyright Law

Under the U.S. Copyright Act, copyright owners have the exclusive right to perform their works publicly. This includes both dramatic works, like a movie script, and musical works, like songs from a movie. However, there are exceptions to this rule. For example, performances that are considered “private” or “noncommercial” may not require a license.

Private vs. Public Performances

A key factor in determining whether a license is needed is whether the performance is considered “public” or “private.” A performance is generally considered public if it occurs at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.

In your case, the performance is in a private room and the audience consists mostly of parents and friends. This could potentially be considered a private performance, which would not require a license. However, the definition of a “private” performance can be complex and is often determined on a case-by-case basis.

Noncommercial Performances

Another factor to consider is whether the performance is commercial or noncommercial. The U.S. Copyright Act provides an exception for certain noncommercial performances. Specifically, Section 110(4) of the Act allows for performances of a nondramatic literary or musical work 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.

In your case, the performance is noncommercial, as there is no cost to the participants or the audience. However, this exception may not apply if the work being performed is a dramatic work, like a movie script.

Consulting with a Legal Professional

Given the complexities of copyright law and the potential penalties for infringement, it’s recommended that you consult with a legal professional before proceeding with your performance. They can provide personalized advice based on the specifics of your situation.

For more information on copyright law, you can visit the U.S. Copyright Office’s website. For information on obtaining a license to perform a copyrighted work, you can visit the American Society of Composers, Authors and Publishers (ASCAP) or the Broadcast Music, Inc. (BMI) websites.

Please note: This information is intended to provide a general understanding of copyright law and should not be construed as legal advice. Always consult with a legal professional for advice specific to your situation.