There is no "accompaniment" copyright in the US.

The United States Copyright Act of 1976 establishes copyright owners' six exclusive rights. [1] US copyright laws do not afford copyright owners an exclusive "accompaniment" right. As the US Copyright Office explains in its Compendium of Copyright Practices:

Choreography is usually accompanied by a specific musical composition, although in some cases it may be accompanied by the recitation of a literary work, such as a poem, or it may be performed in silence . . .  [2]

Likewise, one who uses another's music as accompaniment to a choreographed routine can copyright their choreography even though they do not own the underlying musical work: "If the claimant owns the copyright in a choreographic work and the musical accompaniment for that work, the music should be separately claimed in the application. If the claimant does not own the copyright in the musical accompaniment, that element of the work should be excluded from the claim." [2]

Simply put, ensembles do not require anyone's permission to use copyrighted musical works or sound recordings as accompaniment to a choreographed routine.

It is a myth that public performance licensing from ASCAP, BMI, SESAC, and GMR only permit the public performance of works "unedited and unaccompanied."

It is a myth that public performance licensing from ASCAP, BMI, SESAC, and GMR is limited to the “unedited and unaccompanied” public performance of copyrighted musical works. Both ASCAP and BMI provide publicly available copies of their public performance license agreements and none of them limit permission to publicly perform copyrighted musical works “unedited and unaccompanied.” [3] For example, BMI’s Dance Classes License Agreement states that the license is for the public performance of music “used as an unobtrusive accompaniment to routine activities.” [4]

Similarly, the exemption for nondramatic public performances contained in 17 U.S.C. § 110(4) also does not limit the public performances of musical works to unedited and unaccompanied performances. Read more about the public performance exemption here.

You must obtain permission to use copyrighted choreography.

Choreography can be copyrighted, and you must obtain permission to use a copyrighted choreographed routine. [5]

Dramatic performances require grand rights licensing.

Performances that use music and contain a storyline, narrative, or plot will require grand rights licensing. Merely using choreography as part of a performance does not render a performance dramatic. Read more about grand rights licensing.

 

 

DISCLAIMER: These materials are being provided for informational purposes and should not be used or interpreted as legal advice. Please consult independent legal counsel to address any specific legal issues you may have or if you want additional music licensing advice. Using these materials does not establish an attorney-client relationship.

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[1] 17 U.S.C. § 106.

[2] U.S. COPYRIGHT OFFICE, COMPENDIUM OF U.S. COPYRIGHT OFFICE PRACTICES §§ 805.2(C) and 805.8(B) (3d ed. 2021); see, e.g., Horgan v. Macmillan, Inc., 789 F.2d 157, 161 (2d Cir. 1986) (citing Compendium); Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC, 803 F.3d 1032, 1043 (9th Cir. 2015) (citing Compendium).

[3] ASCAP, https://www.ascap.com/music-users/licensefinder (last visited September 5, 2024); BMI, https://www.bmi.com/licensing/forms (last visited September 5, 2024).

[4] BMI, Music License for Dance Classes, https://www.bmi.com/forms/licensing/gl/40.pdf (last visited September 5, 2024).

[5] 17 U.S.C. 102(a)(4).