Planning For Your Gig

On This Page

1. Navigating Copyright Laws

   • Why It Matters

   • Obtaining Rights

   • Types of Rights

2. Using Free Resources for Public Domain Works

   • Recommended Resources

3. Commissioning New Compositions

   • Steps and Pricing

4. Using Transcriptions or Arrangements

   • Considerations

5. Understanding Royalties for Various Performances

   • Types of Performances

   • How It Works

6. Considering Noise Ordinances and Public Disturbances

   • Key Considerations

7. Power Supply and Limitations

   • Important Notes

   • Distribution and Limitations

8. Liability Considerations

   • Potential Liabilities

   • Best Practices

9. Relevant Links and Resources

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Navigating Copyright Laws

• Why It Matters:

  • Legal Compliance: Avoids potential legal and financial penalties.

  • Supports Creators: Ensures artists are compensated for their work (just as you should be as a performer)

  • Peace of Mind: Operate confidently within legal and moral boundaries.

• Obtaining Rights:

  • Identify the Rights Needed: Determine if you need recording, performance, commercial, or other specific rights.

  • Contact Rights Holders: Reach out to the copyright owner or their representative to negotiate terms.

  • Use Licensing Agencies: For ease, work with agencies that handle rights licensing for multiple works.*

• Types of Rights:

  • Recording Rights: Allow you to reproduce the music in a recording.

  • Performance Rights: Permit the music to be played live for a physically present audience.

  • Broadcast Rights: Permit the music to be played live over electronic systems.

  • Ticket Rights: Permit the musicians to charge tickets for live performance (usually included with commercial rights, but not always).

  • Commercial Rights: Enable the music to be used in advertising or sold as a product.

  • Synchronization Rights: Required for using music in sync with visual media, like films and videos.

• Key Points:

  • Duration of Copyright: Generally lasts for the life of the creator plus 70 years.

  • Fair Use Doctrine: Allows limited use of copyrighted material without permission under certain circumstances.**

  • Public Performance Rights: Required for performing music in public settings.

Using Free Resources for Public Domain Works

Finding public domain music is a great way to access a wide range of compositions for free, saving you money on buying rights, paying royalties, or hiring a lawyer should issues arise.

• Recommended Resources:

  • IMSLP (International Music Score Library Project): A vast collection of public domain music scores and recordings.

  • Musopen: Provides free recordings, sheet music, and educational resources.

Commissioning New Compositions

Commissioning a new piece of music involves hiring a composer to create original work, which can be a cost-effective way to obtain unique music for your ensemble.

• Steps and Pricing:

  • Define Your Needs: Clearly outline the specifics of the composition, including style, length, and instrumentation.

  • Choose a Composer: Research and select a composer whose work aligns with your vision.***

  • Discuss Terms: Agree on a timeline and price.

  • Finalize the Agreement: Ensure all terms are documented and signed in a contract.

Using Transcriptions or Arrangements

Transcriptions and arrangements of copyrighted works allow you to adapt music for different instruments or ensembles.

• Considerations:

  • Legal Permission: Obtain necessary permissions from copyright holders if the work is under copyright.

  • Professional Services: Consider hiring a professional arranger.

Understanding Royalties for Various Performances

Performing copyrighted music often requires paying royalties, which can vary based on the type of performance and venue.

• Types of Performances:

  • Live Performance: Royalties are typically required when music is performed live.

  • Public Performance: Includes playing music in public spaces such as restaurants or malls.

  • School/Non-Profit Events: Often, reduced rates are available, but a license is still necessary.

  • Private Events: Confirm with a licensing agency.

  • YouTube Videos: Performance rights and synchronization rights are needed.

  • Private Recordings: No royalties are needed for personal use.

• How It Works:

  • Licensing Agencies: Organizations like ASCAP, BMI, and SESAC manage performance rights and collect royalties.*

  • Venue Responsibilities: Often, the venue hosting the performance is responsible for acquiring the necessary licenses.

Considering Noise Ordinances and Public Disturbances

When planning live performances, it's essential to adhere to local regulations regarding noise and public disturbances.

• Key Considerations:

  • Noise Ordinances: Most cities have specific noise limits and time frames.

  • Curfews: Be aware of local curfews.

  • Public Disturbances: Ensure that your performance does not negatively impact the surrounding community.

Power Supply and Limitations

When running sound or lighting systems, it's crucial to consider the power supply requirements, especially if utilizing standard 15A outlets.

• Important Notes

  • Power Usage: Speakers and lighting can take a lot of power and can easily max-out an outlet/circuit

  • Risks: Managing high-powered equipment opens you up to legal and moral liability as the one who organized it

  • Do Your Research Beforehand: If they're not running the electronics for you, expect to have to know more about your system than anyone else in the room

• Distribution and Limitations

  • Power Distribution: Always use a power conditioner when possible. It's like a serge protector with added protections.

  • Electrical Assessment: If the power plug looks unwell, if there is excess humidity in the area, or if your cables have exposed wiring, do not plug in. It's better to modify your setup for a gig and prevent electric shock.

  • Liability: Do not run any cables or cords across walkways or sidewalks, as you would be liable for any injuries, fires, or damages that occur as a result of someone tripping over the cable.

  • Know The Limitations: Standard US electrical circuits are rated for 15 Amps, 120 Volts, and 1800 Watts. Know how much power your equipment uses and keep it under that limit. If you need to go over that limit, plug in a separate power conditioner to a separate circuit to lighten to electrical load on the circuit. Do not just plug into another outlet, as outlets are often on the same circuit with other outlets. Tripping a fuze or breaker isn't the end of the world, but will likely frustrate the facility hosting your gig.

Liability Considerations

Ensuring safety and legal compliance at events involves understanding potential liabilities.

• Potential Liabilities:

  • Injury Risks: Insurance coverage is essential, and liability insurance isn't as expensive as you may think.

  • Equipment Damage: Liability for damage to rented or owned equipment.

  • Contractual Obligations: Ensure all contracts outline liability responsibilities.

• Best Practices:

  • Insurance: Obtain comprehensive coverage.

  • Safety Measures: If it feels unsafe, don't do it.

  • Be Reasonable: If someone else feels unsafe performing a task, don't force them to do it anyway.

  • Listen to Others: When everyone tells you to give up your car keys, maybe don't drive anyway.

  • Be a Good Person: Don't cause fights or anger your host/audience.

  • Use Your Best Judgment: If you don't know what this means, then try your best to.

Relevant Links and Resources

* Licensing Agencies: ASCAP, BMI, and SESAC

** [resource in the works; reach out to the@brasswind.net for assistance]

*** [resource in the works; reach out to the@brasswind.net for assistance]