There are four main components in a Music Performance Agreement.
1. Scope of performance. Exactly what are the musicians being contracted to do? The agreement should clearly explain the pertinent details. For instance, how long will the performance last? What group is contracted to perform (including how many musicians)? Are there additional performance requirements
2. Day, time and place for the performance. The exact date, time and location for the performance must be clearly specified.
3. Compensation. What are the various payment arrangements and which are most common for this type performance?
4. Technical requirements. For example, who will provide the sound system, stage lights, and any crew that is needed?
Performance Contracts For Musicians In Washington
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The U.S. copyright law requires those that publicly perform copyrighted music -- including websites and other digital services that transmit music to the public -- to first obtain a license from the copyright owners of the songs performed.
Under no circumstances may a group present a licensable musical without having obtained a performance license and permission to do so. A production without a license is a serious matter, a violation of federal copyright laws punishable by up to $10,000 per infringing performance.
Playing music in your business is considered a public performance, and you need a license to do this legally. You can get multiple licenses from the major performing rights organizations, or you can use a service like Pandora CloudCover.
In short, the business owner is responsible for paying music licensing fees. Since the business ultimately controls what performances occur on its premises, the business is typically responsible for obtaining public performance authorization.
To obtain public performance licenses in the United States, please contact the following performing rights agencies: 1-800-952-7227 | ASCAP. 212-220-3000 | BMI. 615-320-0055 | SESAC.
It is your responsibility to obtain permission to perform ASCAP songs from ASCAP or directly from the copyright owner. ASCAP represents tens of thousands of copyright owners and millions of songs and an ASCAP license will give you the right to perform them all.
In short, the business owner is responsible for paying music licensing fees. Since the business ultimately controls what performances occur on its premises, the business is typically responsible for obtaining public performance authorization.
Final answer: Concert promoters or venues are customarily responsible for licensing performance rights for music at a concert, by securing rights through PROs to comply with copyright laws.