2008 IJA Competitions Music Policy
and FAQ
Competitors may use any music for
which the IJA or the competitor has procured live performance rights. In cases
where the competitor cannot procure adequate publishing rights, music will
be replaced with royalty free music on the DVD.
What
are the rules for the use of music in IJA 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 in your live performance. You are no longer required to
provide the legal right to use your music on our videos, however if you don't
have those rights the IJA will dub over your act with different music on the
video.
By
entering any IJA competition you agree that the IJA has performance rights
for all of your music.
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 your music in your live performance. The IJA will
purchase live performance licensing from BMI and ASCAP for the festival. This
license includes 98% of the music heard on the radio. If your music is covered
by these licenses, then the IJA already has the rights it needs and you don’t
need to do anything.
Complete
listings of the music covered by the IJA’s licensing is available here:
If
your music is not covered by these licenses you will need to obtain permission
from both the composer and performer. You may use the form provided at the
bottom of this page.
Will my music be on the DVD?
The IJA can only
use your music on the DVD if you can provide adequate proof of publishing
rights. For commercial music this is much more difficult and expensive than
performance rights. The IJA cannot provide any music licensing for the DVD.
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. You will need to obtain both licenses for each piece of music you
use. For original music you may use the form provided at the bottom of this
page.
The
IJA, along with our DVD replication company, will determine if the proof of
publishing rights are adequate. This decision cannot be made at the festival.
If
you cannot obtain adequate proof of publishing rights your music will be dubbed
over on the DVD.
Can
I use royalty free music?
Yes. If you provide
the name of the company you bought it from, the name of the track, a copy
of the license agreement that came with the CD or download and proof of purchase,
we will very likely be able to use
it on the DVD.
Where
can I find royalty free music?
You can 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:
There
are many more and most of them will let you listen to the music on their web
site before you buy the rights.
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, currently
Jeff Peden, video@juggle.org, 585-748-2433.
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 to 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.
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 name
of the track, a copy of the license agreement that came with the CD or download
and proof of purchase. 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 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.
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.
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 also 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:
________________
