Copyright compliance can be a confusing topic with all of its intricacies and nuances. Ensuring that live music at an athletic event or other activity and any use of recorded music is copyright law compliant can be a challenge. If you choose to record or stream the ball game (including the music being played/performed) the situation gets even more complex.

The National Federation of State High School Associations (NFHS) has created a guidance document in partnership with the National Association for Music Education (NAfME) that is invaluable for all music educators, athletic/activities directors and administrators. That document is entitled “Copyright Permissions for Performance” and it serves as the source document for this article. It can be found here.

U.S. Copyright Law provides the creator of original content certain exclusive rights. In the music world those rights include: Performance, Recording (audio or video), Publishing (distribution to others), etc. If someone else wishes to perform, record or publish/distribute that work/performance to another individual, they must have permission from the copyright owner to do so. U.S. Copyright Law allows educators some educational exceptions to that.

Here are some real life examples involving athletic events:

Pep Band performs at a ball game: Any live musical performance of copyrighted music by students at an athletic event does not require permission (a performance license). U.S. Copyright Law allows for this use.

Basketball team wishes to warm-up to a recording of “Eye of the Tiger” by Survivor: If the school wishes to use recorded music (perhaps the latest new pop song) as “warm-up” music for the team or as students are passing between classes in the hallway, the school needs a performance license for this use because it’s not their own students performing it and, as such, is not exempt (note that it does not matter if you are charging admission or not). Performance licensing can be secured through the Performing Rights Organization that represents that particular copyright owner. ASCAP and BMI are the two most prevalent. NFHS has secured blanket licensing from ASCAP that covers this usage. BMI has a “License for Primary and Secondary Schools” that will provide the needed permissions for this use.

Ball game is live streamed (including any music being performed live (Pep Band) or music that has been recorded by some other artist (Wipeout by the Safaris) and is then broadcast to spectators): Because the broadcast is displaying copyrighted material, the correct performance licensing must be secured that allows for this display. The NFHS agreement with ASCAP covers this use and the BMI “License for Primary and Secondary Schools” also covers this use.

Ball game is live streamed without any copyrighted music performed live or from recordings (Pep Band included or all audio is silenced) in the stream: No permissions needed. The United States Copyright laws are complex and are not easy to digest and understand. The copyright resources created by NFHS provide music educators, athletic/activities directors and administrators a valuable practical understanding for their member schools and state associations. A full array of resources compiled by the NFHS can be found on the Music page under the Activities & Sports menu of the NFHS.org website. We would also be remiss if we didn’t strongly promote the NFHS Learning Center course entitled “Understanding Copyright and Compliance.” It is a must for all music educators, activities/athletic directors, cheer coaches, speech coaches and administrators.