Let start with the most basic definition, according to this page: http://www.bitlaw.com/copyright/scope.html , the legal definition means that music; as a copyrighted work has “public performance right” because it is mandated by law.

This means that if a copyrighted song or music is exploited commercially other than the copyright owner, any user has to obtain the so-called “public performance” license.

Below is the most common public use of song/music:

a. Radio broadcasting (music you hear in FM radio stations as well as in the college, amateur and AM radio stations are public use of music) – in this case, only the radio broadcasters are needed to secure public performance license.

b. TV broadcasting – when you hear music in TV shows series, advertisements and programs. It is another public use of song.

c. Music in films – when you hear music in films when shown in movie theatres, This is another commercial exploitation of music in public.

d. Music you hear in the malls, restaurants and companies – of course, since music has been used by these commercial establishments to soothes the environment, its people and its customers; then these establishments will be going to get a public performance license.

e. Music in the internet- yes, even You Tube by definition of public performance needs to secure a public performance license. You Tube makes money by ads from the video which might contain copyrighted music.

One of the most confusing aspects of public performance license is in the field of TV and Film. In TV and Film:

a. There is a production company whose main job is to produce and direct films, movies or shows.

b. The actual broadcasting company whose main job is to broadcast the produced works.

In some broadcasting company, sometimes they have in-house production company. The rule:

Only the broadcasting company is going to get a public performance license because they are the ones making money from the use of music in public performance.

On the other hand, if your only business is a film or TV production company, then you are not going to get a public performance license.

Common public performance right societies such as ASCAP, BMI and SESAC are requiring both broadcasting and production company to submit cue sheets. Now here is another confusing aspect, if I am a broadcasting company, am I going to submit cue sheets? The answer is yes, but you will have to get it from your production company.

Another question, if “I am only a production company and my client is not neither broadcasting music, am I going to submit cue sheets?” The answer is yes; because your client will be using the music commercially for either TV, film or video production, thus it classifies for public performance.

Another confusing question: to whom I am going to get public performance license if I am going to license a song. The answer is, if the music publisher is affiliated with ASCAP, you are going to get license from ASCAP. If from another society, you have to get it from that society.