As someone who teaches copyright, the issue of free or not is totally irrelevant. The rules for copyrighted music would be the same as the rules for copyrighted movies. https://www.bmi.com/faq/entry/what_is_a_public_performance_of_music_and_what.... What is a public performance of music and what is the “Performing Right”? | FAQ | BMI.com<https://www.bmi.com/faq/entry/what_is_a_public_performance_of_music_and_what_is_the_performing_right1#:~:text=A%20%E2%80%9Cpublic%20performance%E2%80%9D%20of%20music,providers%2C%20and%20any%20other%20means.> Question: What is a public performance of music and what is the “Performing Right”? www.bmi.com The source below gives places where https://www.wordstream.com/blog/ws/royalty-free-background-music [https://www.wordstream.com/wp-content/uploads/2018/06/royalty-free-background-music-feature-headphones.jpg]<https://www.wordstream.com/blog/ws/royalty-free-background-music> 12 Places to Find Royalty-Free Background Music | WordStream<https://www.wordstream.com/blog/ws/royalty-free-background-music> Everybody is making videos these days, so you might find yourself in need or free or cheap background music. Check out our list of the 12 best places to find royalty free background music. www.wordstream.com The source below gives sources for royalty free music including the Internet Archives. https://www.wordstream.com/blog/ws/royalty-free-background-music I hope this helps. Bob Robert P. Holley Professor Emeritus, Wayne State University 13303 Borgman Avenue Huntington Woods, MI 48070-1005 email: aa3805@wayne.edu phone: 248-547-0306 ________________________________ From: Michlib-l <michlib-l-bounces@mcls.org> on behalf of Teresa Natzke via Michlib-l <michlib-l@mcls.org> Sent: Wednesday, August 2, 2023 1:48 PM To: Steven K. Bowers <sbowers@tln.lib.mi.us>; Steven K. Bowers <sbowers@tln.org> Cc: Michlib-L <michlib-l@mail3.mcls.org> Subject: Re: [Michlib-l] Public Playing of Music [EXTERNAL] We have always had musicians come to our library and I have never heard of or acquired a license for these events. [cid:7eaac9493a8a9adb27ec6ebb830832b2183f5a3d@zimbra] ________________________________ From: "Michlib-l" <michlib-l@mcls.org> To: "Michlib-L" <michlib-l@mail3.mcls.org> Sent: Wednesday, August 2, 2023 1:38:12 PM Subject: [Michlib-l] Public Playing of Music Hello everyone, I am hoping someone has a quick and easy answer. We have a library with an event this Saturday and they intend to play music publicly. There municipality has just informed them that they need a license to so so, similar to showing a public movie. It was the library's understanding that as a non-profit they did not have to have a license since it is a free event and they are not profiting from using the music. The library was looking at this site: <https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=e6sAxXCJmykY2k1UijXWkmTzAl96Vq907WIJ-Knaxek&m=LeC8jtnLlnxgx2dOP7MIIWU2DGABgHM_IOQbPe8xHt_OAkPxdx6rMERxJ6nU81Cy&s=G2Ap_bc7bk7-iiIo4gNSSZ2AhAwWlvmJTueF38E0HLY&e=> https://cloudcovermusic.com/music-licensing-guide/when-is-it-legal/<https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=e6sAxXCJmykY2k1UijXWkmTzAl96Vq907WIJ-Knaxek&m=LeC8jtnLlnxgx2dOP7MIIWU2DGABgHM_IOQbPe8xHt_OAkPxdx6rMERxJ6nU81Cy&s=G2Ap_bc7bk7-iiIo4gNSSZ2AhAwWlvmJTueF38E0HLY&e=> So, my question, do all of you assume you can play music at events without a license, or do you get the license? The library is fine to do the latter but doesn't want to get a license if it is unnecessary. Thanks for any feedback you may have. Time is of the essence! Sincerely, -Steve Steven K. Bowers Executive Director The Library Network (248) 536-3100<tel:(248)%20536-3100> x107 sbowers@tln.org<mailto:sbowers@tln.lib.mi.us> TLN.org<https://www.tln.org> (he/him/his) _______________________________________________ Michlib-l mailing list Michlib-l@mcls.org https://urldefense.proofpoint.com/v2/url?u=https-3A__mail3.mcls.org_mailman_listinfo_michlib-2Dl&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=e6sAxXCJmykY2k1UijXWkmTzAl96Vq907WIJ-Knaxek&m=LeC8jtnLlnxgx2dOP7MIIWU2DGABgHM_IOQbPe8xHt_OAkPxdx6rMERxJ6nU81Cy&s=xNxt3YTujgJS3obRXCYISj7iVs4S9A5kuxGxz2Gzu6U&e=

Ah yes, maybe helpful to note that the event will be in the public park. Thanks, Mary. Steven K. Bowers Executive Director The Library Network (248) 536-3100 x107 [ mailto:sbowers@tln.lib.mi.us | sbowers@tln.org ] [ https://www.tln.org/ | TLN.org ] (he/him/his) From: "Mary Harrison" <mary@colomapubliclibrary.net> To: "Steven Bowers" <sbowers@tln.lib.mi.us>, "Steven Bowers" <sbowers@tln.org>, "Michlib-L" <michlib-l@mail3.mcls.org> Sent: Wednesday, August 2, 2023 1:54:49 PM Subject: RE: [Michlib-l] Public Playing of Music Is the event outside or inside the library? If outside, then there may be an issue with noise ordinances. If it’s inside, then that seems strange that the municipality is weighing in like that on a library program unless they are in the habit of providing the library’s legal advice. Mary Jean Harrison Director Coloma Public Library 151 W. Center Street PO Box 430 Coloma Michigan 49083 269-468-3431 [ https://urldefense.proofpoint.com/v2/url?u=http-3A__www.colomapubliclibrary.net_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=5i8JjbaTs5IwrRxMoYGCUQ&m=FspOWAASod9sbju_bmsoQmmsgFv0qkrOAYWExqLXNe46YjFf8bcqaUA7D8AbbPi8&s=uwrDO_BWYGlI0tB5qRxjpUC7AQwlwl45amDNARfvR2Q&e= ] [ https://urldefense.proofpoint.com/v2/url?u=http-3A__www.colomapubliclibrary.net&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=5i8JjbaTs5IwrRxMoYGCUQ&m=FspOWAASod9sbju_bmsoQmmsgFv0qkrOAYWExqLXNe46YjFf8bcqaUA7D8AbbPi8&s=o0mVbRY9Hr76TbgDqxYz_0N53pB13JdXm9LJlnEKvb4&e= | www.colomapubliclibrary.net ] The most important asset of any library goes home at night – the library staff. Timothy Healy From: Michlib-l <michlib-l-bounces@mcls.org> On Behalf Of Steven K. Bowers via Michlib-l Sent: Wednesday, August 2, 2023 1:38 PM To: Michlib-L <michlib-l@mail3.mcls.org> Subject: [Michlib-l] Public Playing of Music Hello everyone, I am hoping someone has a quick and easy answer. We have a library with an event this Saturday and they intend to play music publicly. There municipality has just informed them that they need a license to so so, similar to showing a public movie. It was the library's understanding that as a non-profit they did not have to have a license since it is a free event and they are not profiting from using the music. The library was looking at this site: [ https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=5i8JjbaTs5IwrRxMoYGCUQ&m=FspOWAASod9sbju_bmsoQmmsgFv0qkrOAYWExqLXNe46YjFf8bcqaUA7D8AbbPi8&s=O3IKAkBdGfcsfj2Q3_XYi5nrh9sohzEvDnckVho2vSU&e= ] [ https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=5i8JjbaTs5IwrRxMoYGCUQ&m=FspOWAASod9sbju_bmsoQmmsgFv0qkrOAYWExqLXNe46YjFf8bcqaUA7D8AbbPi8&s=O3IKAkBdGfcsfj2Q3_XYi5nrh9sohzEvDnckVho2vSU&e= | https://cloudcovermusic.com/music-licensing-guide/when-is-it-legal/ ] So, my question, do all of you assume you can play music at events without a license, or do you get the license? The library is fine to do the latter but doesn't want to get a license if it is unnecessary. Thanks for any feedback you may have. Time is of the essence! Sincerely, -Steve Steven K. Bowers Executive Director The Library Network (248) 536-3100 x107 [ mailto:sbowers@tln.lib.mi.us | sbowers@tln.org ] [ https://www.tln.org/ | TLN.org ] (he/him/his)

Hello! Generally, venues that promote live performances would have licenses with the major music companies (ASCAP, BMI, etc) that would permit performers and bands to perform those pieces. Venues could include in the contract that it is up to the performer to secure a license to perform the music they plan to perform. However, to be safe from possible infringement claims, any venue hosting live musical performance should have a blanket license from one of the major music license companies. Th difference between live performance and recorded is that there are some exemptions available for licensing of some types of live performance - unfortunately, most situations where a performer is paid would not be included in those exemptions whether it is a library paying or a concert promoter (the law is pretty clear that if the performer is paid the performance does not count as "non-profit"). If the performer provided the performance for free, and the performance occurs in front of a live audience then there may be an exception under 17 USC 110(4) https://www.law.cornell.edu/uscode/text/17/110 (for example, a high school jazz band plays for free at a library outdoor event). Section 110(5) provides an exemption for music or broadcasts played over a standard device such as a radio or tv. A library could likely turn on a radio to the classical music station for patrons to enjoy. Depending on the size of the library, there are limits to the number of speakers a library can use for this type pf play, and the statute does not address outdoor applications, except that the purpose of this exception is to permit the ability of people to turn on radios in public without fear of copyright infringement. However, this exemption is dependent on the use of equipment of the type used in the average home - so the use of anything but a basic consumer sound system is generally the basis for a denial of the exemption. In general, copyright requirements for music performance are extremely rigid. There are not many applicable fair use options when it comes to music performance. Depending on the library type, they may try working with their municipality or their parks and rec department- which may have a license for outdoor performance of music. There may be an opportunity for a collaboration. I hope this is helpful! Sincerely, Clare Clare D. Membiela, MLS, J.D. Library Law Consultant Library of Michigan MembielaC@michigan.gov<mailto:MembielaC@michigan.gov> 517-335-8132 The research and resources above are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. "The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers and no buyers." Lamont v. Postmaster General, 381 U.S. 301. Michigan's Top 10 Strategic Education Plan<https://www.michigan.gov/mde/resources/michigan-top-10-strategic-education-plan> provides focused direction to drive educational achievement in support of all learners. [Logo, company name Description automatically generated] From: Michlib-l <michlib-l-bounces@mcls.org> On Behalf Of Deb Hemmye via Michlib-l Sent: Friday, August 4, 2023 11:52 AM To: Mary Harrison <mary@colomapubliclibrary.net> Cc: Michlib-L <michlib-l@mail3.mcls.org>; Steven K. Bowers <sbowers@tln.lib.mi.us>; Steven Bowers <sbowers@tln.org> Subject: Re: [Michlib-l] Public Playing of Music CAUTION: This is an External email. Please send suspicious emails to abuse@michigan.gov<mailto:abuse@michigan.gov> I'm wondering if there is a difference between bringing in a musician or group to play music vs. playing a CD or streaming music. The latter seems more like showing a movie, whereas the former seems more like having a drama play or a puppet show or something. Does anyone else see this difference, or am I creating one where none exist? To you question, no, I have never considered purchasing a license to be able to play a CD in the background of a library program. We were going to start streaming Freegal at our Art Gallery openings, so I'm interested in hearing what the verdict is. Deb Hemmye (she, her, hers) Library Director Huntington Woods Public Library 26415 Scotia Road Huntington Woods, MI 48070 248-543-9720, ext. 686 ________________________________ From: "Mary Harrison" <mary@colomapubliclibrary.net<mailto:mary@colomapubliclibrary.net>> To: "Steven K. Bowers" <sbowers@tln.lib.mi.us<mailto:sbowers@tln.lib.mi.us>>, "Steven Bowers" <sbowers@tln.org<mailto:sbowers@tln.org>>, "Michlib-L" <michlib-l@mail3.mcls.org<mailto:michlib-l@mail3.mcls.org>> Sent: Wednesday, August 2, 2023 1:54:49 PM Subject: Re: [Michlib-l] Public Playing of Music Is the event outside or inside the library? If outside, then there may be an issue with noise ordinances. If it's inside, then that seems strange that the municipality is weighing in like that on a library program unless they are in the habit of providing the library's legal advice. Mary Jean Harrison Director Coloma Public Library 151 W. Center Street PO Box 430 Coloma Michigan 49083 269-468-3431 www.colomapubliclibrary.net<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.colomapubliclibrary.net&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=sW0QtgsUF_VTgHYbMLAYDX2ikQwQhwFgtcNmyu5STJQ&m=3nR_nrDZUIsygn-74I75tFTrjO0K_eMWvKYuPdqqYbDTCtdaPgFHgdtDRGaKdze3&s=spDDvp4MeUdH0XO76h6eh7UpFM4ZS9gI79Enhz2tfeA&e=> The most important asset of any library goes home at night - the library staff. Timothy Healy From: Michlib-l <michlib-l-bounces@mcls.org<mailto:michlib-l-bounces@mcls.org>> On Behalf Of Steven K. Bowers via Michlib-l Sent: Wednesday, August 2, 2023 1:38 PM To: Michlib-L <michlib-l@mail3.mcls.org<mailto:michlib-l@mail3.mcls.org>> Subject: [Michlib-l] Public Playing of Music Hello everyone, I am hoping someone has a quick and easy answer. We have a library with an event this Saturday and they intend to play music publicly. There municipality has just informed them that they need a license to so so, similar to showing a public movie. It was the library's understanding that as a non-profit they did not have to have a license since it is a free event and they are not profiting from using the music. The library was looking at this site: https://cloudcovermusic.com/music-licensing-guide/when-is-it-legal/<https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=sW0QtgsUF_VTgHYbMLAYDX2ikQwQhwFgtcNmyu5STJQ&m=3nR_nrDZUIsygn-74I75tFTrjO0K_eMWvKYuPdqqYbDTCtdaPgFHgdtDRGaKdze3&s=rMTbhr0jxGdDj1esYYdZSXSC9LL6sXr4YD1XrVr04WA&e=> So, my question, do all of you assume you can play music at events without a license, or do you get the license? The library is fine to do the latter but doesn't want to get a license if it is unnecessary. Thanks for any feedback you may have. Time is of the essence! Sincerely, -Steve Steven K. Bowers Executive Director The Library Network (248) 536-3100 x107 sbowers@tln.org<mailto:sbowers@tln.lib.mi.us> TLN.org<https://www.tln.org/> (he/him/his)

Thanks, Kathleen. So according to this, regardless of copyright, virtually no streaming service allows you to use a private account for public playing of music. But also, libraries MAY be allowed, under fair use, to play media such as CDs and records; but less likely for music. Added with Dr. Holley's info, libraries also cannot host any public performance (including broadcasting of music) without obtaining copyright permission/licensing. -Steve Steven K. Bowers Executive Director The Library Network (248) 536-3100 x107 [ mailto:sbowers@tln.lib.mi.us | sbowers@tln.org ] [ https://www.tln.org/ | TLN.org ] (he/him/his) From: "Kathleen Folger" <kfolger@umich.edu> To: "Steven Bowers" <sbowers@tln.lib.mi.us>, "Steven Bowers" <sbowers@tln.org> Cc: "Michlib-L" <michlib-l@mail3.mcls.org> Sent: Wednesday, August 2, 2023 2:05:56 PM Subject: Re: [Michlib-l] Public Playing of Music There is a very helpful [ https://urldefense.proofpoint.com/v2/url?u=https-3A__programminglibrarian.org_articles_sounding-2Dstreaming-2Dcan-2Dlibraries-2Dlegally-2Dstream-2Dmusic-2Dduring-2Dpublic-2Dprograms&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=1EE0AJJXmcChMmY3NQmVorz8hJsAzpJPbIk7yFfP8C0&m=kycDeF8yP1VkO_7Lly6KgE7sQqGGcZHkDl0ULuwR6UL7NaJKJAYOZoG8wAlsNiFm&s=h8G5r-6r3nh3lcAjhCPHAEYtx_fbX0HdrycaKgYc8QQ&e= | article from Programming Librarian ] , just published in June, about this very topic -Kathleen _________________________________________ Kathleen M. Folger, Electronic Resources Officer University of Michigan Library 312 Hatcher North Ann Arbor, MI 48109-1190 V:(734) 764-9375 F:(734) 764-0259 [ mailto:kfolger@umich.edu | kfolger@umich.edu ] [ mailto:kfolger@umich.edu ] On Wed, Aug 2, 2023 at 1:39 PM Steven K. Bowers via Michlib-l < [ mailto:michlib-l@mcls.org | michlib-l@mcls.org ] > wrote: Hello everyone, I am hoping someone has a quick and easy answer. We have a library with an event this Saturday and they intend to play music publicly. There municipality has just informed them that they need a license to so so, similar to showing a public movie. It was the library's understanding that as a non-profit they did not have to have a license since it is a free event and they are not profiting from using the music. The library was looking at this site: [ https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=1EE0AJJXmcChMmY3NQmVorz8hJsAzpJPbIk7yFfP8C0&m=kycDeF8yP1VkO_7Lly6KgE7sQqGGcZHkDl0ULuwR6UL7NaJKJAYOZoG8wAlsNiFm&s=QrUhip2lVh8XagzzXf_TKC5gSuzn11yQkrXc6_y9X2w&e= ] [ https://urldefense.proofpoint.com/v2/url?u=https-3A__cloudcovermusic.com_music-2Dlicensing-2Dguide_when-2Dis-2Dit-2Dlegal_&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=1EE0AJJXmcChMmY3NQmVorz8hJsAzpJPbIk7yFfP8C0&m=kycDeF8yP1VkO_7Lly6KgE7sQqGGcZHkDl0ULuwR6UL7NaJKJAYOZoG8wAlsNiFm&s=QrUhip2lVh8XagzzXf_TKC5gSuzn11yQkrXc6_y9X2w&e= | https://cloudcovermusic.com/music-licensing-guide/when-is-it-legal/ ] So, my question, do all of you assume you can play music at events without a license, or do you get the license? The library is fine to do the latter but doesn't want to get a license if it is unnecessary. Thanks for any feedback you may have. Time is of the essence! Sincerely, -Steve Steven K. Bowers Executive Director The Library Network (248) 536-3100 x107 [ mailto:sbowers@tln.lib.mi.us | sbowers@tln.org ] [ https://www.tln.org/ | TLN.org ] (he/him/his) _______________________________________________ Michlib-l mailing list [ mailto:Michlib-l@mcls.org | Michlib-l@mcls.org ] [ https://urldefense.proofpoint.com/v2/url?u=https-3A__mail3.mcls.org_mailman_listinfo_michlib-2Dl&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=1EE0AJJXmcChMmY3NQmVorz8hJsAzpJPbIk7yFfP8C0&m=kycDeF8yP1VkO_7Lly6KgE7sQqGGcZHkDl0ULuwR6UL7NaJKJAYOZoG8wAlsNiFm&s=cX5a-ckvd8FKFptbqSMlv8JRy2rgx6cmxU3RknvN4WE&e= ] [ https://urldefense.proofpoint.com/v2/url?u=https-3A__mail3.mcls.org_mailman_listinfo_michlib-2Dl&d=DwQFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=1EE0AJJXmcChMmY3NQmVorz8hJsAzpJPbIk7yFfP8C0&m=kycDeF8yP1VkO_7Lly6KgE7sQqGGcZHkDl0ULuwR6UL7NaJKJAYOZoG8wAlsNiFm&s=cX5a-ckvd8FKFptbqSMlv8JRy2rgx6cmxU3RknvN4WE&e= | https://mail3.mcls.org/mailman/listinfo/michlib-l ]