What are the new rules for the use of music in IJA shows and competitions?

If you are entering any IJA competition with an act set to music, you must make sure that the IJA has a legal right to use that music both in the show and on videos. If you are in a public show you don't need video rights, but if you don't have the rights the IJA will dub over your act with different music on the video.

Why have the rules changed?

Faced with massive piracy, the music industry has become increasingly aggressive in the enforcement of the copyright laws. The IJA has to produce shows and videos that are in full compliance with the law, or we face the risk of a lawsuit which could bankrupt the organization. Also, our DVD replication companies now require documentation that we have the rights to all the music used on our DVDs.

I'm entering a competition. What rights do I need?

You need the rights to use the music live and to obtain the rights for the IJA to use the music on DVDs. There are two sorts of license needed to use music on a DVD: one for the composition and one for the recording. They are called the master use license and synch rights. For public performance use, the IJA is licensing the entire BMI catalog, which you can search here http://repertoire.bmi.com/startpage.asp . If the song you wish to use is in this catalog, you do not need to worry about public performance rights, but you still need to obtain a master use license and synch rights.

This is too complicated for me. Can the IJA provide me with appropriate music?

Yes. The IJA's videographer, Alan Plotkin, has a large library of royalty free music which can be tailored to individual requirements. If you provide him with a brief description of the style, mood and exact duration of the tracks you require he can provide MP3 files for you. Alternatively you can select tracks from SmartSound Library at http://www.smartsound.com/music/index.html and check with Alan to see if he has those available. Contact him at .

Where can I find royalty free music?

The IJA's videographer has royalty free music available for competitors (see above). You can also buy CDs of royalty free music in various styles from a variety of vendors. Typically they cost $100 per CD or $30 per track and up. Here are some sources

• http://www.stockmusic.net/
• http://www.premiumbeat.com/
• http://www.royaltyfreemusic.com/
• http://www.shockwave-sound.com/

http://www.royaltyfreemusic.com is offering a 15% discount to IJA members through the end of 2007. Use promo code "ija15" (lower case) and enter "International Jugglers' Association" as the company name to obtain the discount.

How can I get synch rights and master use license for a popular song? Can I get them through ASCAP, BMI or Harry Fox?

No. Those agencies only license music for broadcast, live performance or audio reproduction. For rights to include a song on a DVD, you need to go to the record company directly. They all have a licensing department. Unfortunately, the rights from major record companies are usually expensive, from $600 total for a little known song or artist, up to thousands of dollars for a popular hit. There is an agency called the Music Bridge http://www.themusicbridge.com/ that can help you obtain these rights if you have difficulty contacting the record company.

I'm talking to the licensing department and they want more information on the DVD.

The DVD is produced by the International Jugglers' Association, PO Box 7307, Austin, TX 78713-7307, a 501 (c) 3 non-profit corporation, EIN 16-1111652. It will be called "Highlights and Championships XXXX" (or "Individual Prop Competition XXXX") where XXXX is the current year. No more than 1,000 copies of the video will be made, in a single edition to be produced in the current year. The contact person at the IJA is the video coordinator listed on the web site .

I found a web site where I can get mech rights to a song. Is that OK?

No. Mech rights allow you to put a cover version of a song on your audio CD. They do not give permission for live performances or videos.

Is it OK if I use classical music?

Not necessarily. There are two copyrights associated with every recording - one for the composition, owned by the composer or their music publisher, and one for the performance, owned by the performer or their record company. So, if you want to use a recording of the 1812 Overture made by the Chicago Symphony, you don't have to worry about the copyright of the composer, but you still need to get synch rights to that particular recording. If you find a MIDI file of classical music on the web and play it through your computer or a synthesizer, then you will own that recording and can do what you like with it. You can also purchase royalty free versions of many classical pieces here http://royalty-free-classical-music.org/index.php

Can I use live music?

Yes, if the composition is original or public domain or you have permission from the composer. The musician(s) will also have to sign an IJA video release.

What about the Creative Commons license?

There are a variety of Creative Commons licenses, each of which give you different rights. See the license overview page http://creativecommons.org/about/licenses/meet-the-licenses on the Creative Commons web site for a summary. Music released under the "Attribution" and "Attribution No Derivatives" licenses will be no problem; just make sure you tell us how to attribute the music. In other cases you will have to contact the copyright owner. A Creative Commons license suggests that the owner of the copyright is likely to be open licensing it for other uses either free or for a minimal fee. If you find Creative Commons music on the web that you like, you should contact the composer and performer to obtain the necessary rights. It may help if you tell them that the IJA is a non-profit organization.

I found a web site with free MP3 downloads. Can I use those?

Probably not. Most web sites that allow music downloads place restrictions on subsequent use of the music. However, as with the creative commons license, the fact that a track is available for free download means that it is likely that the artist will be willing to grant the necessary rights freely or for a minimal fee.

I have permission for the IJA to use music in its videos if the composer/band gets a credit. Is that OK?

Yes. Just list on the license form how the band would like to be credited and we will see to it.

What evidence do you need that I have permission to use the music?

If you use royalty free music, please provide the name of the company that made it, the track and a copy of the license agreement that came with the CD or download. If you get a license from a recording company, provide a copy of that. If you get permission directly from the composer and performer, you can use the sample form below. Note that if the composer and performer are not the same person, then you need permission from both of them. We would prefer a signed form, but if you obtain permission by email, then print out a copy of the email.

Can I use copyright material other than music? For instance, a video from a TV show or a copyright character from cartoons, TV or movies?

We don't have a rule against this, so you would not be prevented from entering the competition. However, we may not be able to show your act in our videos, and you will might not be able to market that act in any professional venue. We advise against this.

Can I make "fair use" of copyright music by using a brief quote?

There are no simple rules to determine what is fair use under the copyright act, and fair use cases have sometime gone to the Supreme Court. If the owner of the copyright agrees this is fair use, or if you get a legal opinion saying that it is, then we will accept it.

What if I cannot get the rights to the music? Can I still be in the competitions?

You cannot use music to which you do not have the rights in any IJA competition. If you still wish to enter the competition you must either perform without music, or use different music.

Which IJA competitions do these rules apply to?

Any competition that may include music. Currently, that's the Stage Championships (Individuals, Teams and Juniors) and the Individual Prop Competition.

What about performances in other shows?

Performers in the IJA's stage shows may use whatever music they wish. However, if they use music for which they cannot grant video rights to the IJA, their act will appear on the DVD with different music, and will not have their applause or laughter on it, either. For a small fee you can still obtain a copy the video of your act with the original music from the IJA videographer, but this is for personal use only and may not be published.

Why are the competitions different from the other stage shows?

There are several reasons. Competition acts appear in full on our DVDs, whereas acts in stage shows are usually edited, and therefore it is easier to use alternative music. We feel that our competition videos form an important resource for anyone interested in recent juggling history, and we want them to reproduce the actual competitions as accurately as possible. One of the things that competition acts are scored on is choreography, and we want the videos to show that. Finally, we felt that in the public show we should provide the best possible experience for the live audience rather than prioritizing the ten minutes or so of extracts that will appear on the Highlights video, so we want to give the performers as much flexibility as possible.

 
Public Performance/Synchronization Rights/Master Use License
 
This is to certify that I, ________________________________[name] am the
 
[ ] Composer
[ ] Performer [check where applicable]
 
of the song ______________________________________ [name of song].
 
I grant permission to _________________________________ [name of performer]
 
to use this song to accompany his/her live juggling performances.
 
I grant permission to the International Jugglers' Association to include this 
song on video recordings which feature this performance and to distribute 
those recordings in any manner.
 
 
I would like to be credited in the following way if the song is used in a video:
 
_____________________________________________________________________
 
 
Signed:  ________________________                  Date: ________________