Re: Rights to play Copyrighted Music?
There are 2 different things here, one is the live performance and the other is the public use (or non-public, in your example) of recorded works.
The difference is that when you purchase a recorded work, you have the right to play it for yourself, friends or family in your home or other place that is not open to others. You can even give a copy to a friend or family member. Things are a little different regarding the live, public performance because in effect, the authors, composers and publishers have received no compensation for the acquisition of the work or for the performance thereof. Is it fair to use something of value (you like the songs or wouldn't have them played) without compensation?
Your example of the wedding reception band in a private home is a tricky one, and I *think* the line would be drawn that a band was hired to perform the copyrighted works. If the homeowner or family performed the works, I'd say it's fair use. A band being paid to perform is a commercial activity. Commercial use of copyrighted works is subject to license.
You might want to run this past the various rights organizations like ASCAP and BMI. Let us know what they say if you reach that point.
Tim "not an attorney, but the offspring of one" Mc
