Pay to play music in fitness classes

This is an excerpt from Aquatic Fitness Professional Manual-8th Edition by Aquatic Exercise Association.

Music Use in Fitness

The U.S. 1976 Copyright Act explains the rights of copyright holders, including musical works, which affect fitness classes, personal training, and small-group training conducted in person or online. Music played during fitness classes (even as background music) is considered a public performance; thus, its use requires permission from the copyright holder. This permission is generally obtained by paying music licensing fees to a performing rights organization (International Health, Racquet and Sportsclub Association 2018). In the United States and abroad, fees must be paid to appropriate performing rights companies by profit and nonprofit organizations, health clubs, studios, churches, therapy and rehab facilities, schools, and other entities or by professionals who use music in their fitness programs or throughout their facilities.

Most fitness professionals want to abide by the copyright law, but they may not be aware of, or may not fully understand, its application to the fitness industry. ASCAP (American Society of Composers, Authors, and Publishers), BMI (Broadcast Music, Incorporated), GMR (Global Music Rights), and SESAC (Society of European Stage Authors and Composers) are the four largest performing rights organizations representing writers and composers of songs (musical compositions) in the United States. These organizations also help people using music for purposes other than personal enjoyment to comply with U.S. copyright laws by issuing the required clearance (for a fee) to publicly use copyrighted music. Under the law, when a business or individual wishes to play music publicly, meaning outside a normal circle of friends or family, they must first obtain permission from the music’s copyright holders. ASCAP, BMI, GMR, and SESAC services enable you to access and use music through agreements, licensing procedures, and payment of fees without needing to contact each song composer.

Record companies own copyrights to the recordings of musical compositions performed by the original artists or bands. However, record companies traditionally do not license their recordings for the fitness industry. Therefore, fitness music companies and other businesses create or produce recordings that can be distributed in music subscription services, on compact discs (CDs), as music downloads, and as other products specifically for various fitness applications. Producers and performers are hired to create or recreate the music and the song tracks compiled for specific programming requirements, such as aquatic fitness, step training, cycling, walking, or interval training. These music products have appropriate language, counts, phrasing, adjusted beats per minute, tempo range, rhythms, and transitions that aid in leading an effective fitness program. Fitness music companies pay appropriate reproduction and mechanical fees for the right to produce, reproduce, sell, or duplicate the underlying musical compositions in these products. Fitness music companies also pay master recording rights to owners, which allows those recordings to be played in both personal and commercial settings. In most cases, fitness music companies produce cover recordings, so they own the master rights to those cover recordings. It is important to note that other digital music platforms purchased for personal use only include specific language in their terms of service that prohibit you from using the music in commercial settings.

Although fitness music companies have paid the appropriate licensing fees to create their products, public performance fees are not covered. Thus, when using music—whether as background music in the gym or locker room, for group exercise in the studio, or for aquatic programs in the pool—facilities must pay appropriate public performance rights licensing fees. The facility (employer) or independent contractor is responsible for ensuring that performance rights fees are paid yearly to the appropriate performing rights organizations to ensure compliance with copyright law. Typically, these fees are based on the average number of participants. In addition, fees are assessed for music played over a speaker in the general facility, even if the music is from a local radio station. These fees are typically based on the number of speakers, but they may also factor in the club size and even membership numbers.

Finally, it is illegal to copy or download and compile music from several original sources (e.g., albums, CDs, digital or electronic services, or websites) onto a device for use in a class or training session. Doing so is considered both a public performance of the musical compositions and “commercial” use of the master recordings owned by record companies and distributed for personal use. Although you may have purchased the songs, you did so for your personal enjoyment, not for commercial use. If you want to compile, sell, or distribute music programs, you must comply with the same regulations as music production companies do. This compliance requires you to seek permission from all copyright holders (i.e., record companies that own the recordings and music publishing companies that own or represent the musical composition). You would be required to pay advances or royalties for selling and distribution purposes, even if you gave the product away for free.

The law is simple: you play, you pay. Unless the music used is original and in an original format or is unprotected, or if you have received written permission from the artists and writers to use the music, it is illegal to play music for classes or exercise sessions until you pay the public performance fees.

The following websites provide additional information on music use and your responsibilities as a fitness professional.

ASCAP: www.ascap.com/help/ascap-licensing

BMI: www.bmi.com/licensing/#faqs

GRM: https://globalmusicrights.com/Licensing

SESAC: www.sesac.com/#/business-owners/licensing-faqs

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