All-Star Usa Cheer New Music Rules..

[cheer25mom]

I don't get this. Our dance studio uses music purchased through itunes. It is perfectly legal for us to play all or a potion of it for performances. We cut/ mix songs all the time. It 's legal to do so IF you purchased the original track. Apple offers software to allow you to do this. Why on earth would the same thing not be legal for cheer???

I don't think USA cheer has the full picture about the legality. As the studio's lawyer explains it you CAN in fact mix music for the purposes of a performance like cheer or dance but cannot PROFIT from that mix.

 

[njallday]

I don't get this. Our dance studio uses music purchased through itunes. It is perfectly legal for us to play all or a potion of it for performances. We cut/ mix songs all the time. It 's legal to do so IF you purchased the original track. Apple offers software to allow you to do this. Why on earth would the same thing not be legal for cheer???

It's the music producers charging gyms that makes it illegal. It doesn't matter if they purchased it legally if they're making a profit off of selling someone else's music.

 

[quitthedrama]

I don't get this. Our dance studio uses music purchased through itunes. It is perfectly legal for us to play all or a potion of it for performances. We cut/ mix songs all the time. It 's legal to do so IF you purchased the original track. Apple offers software to allow you to do this. Why on earth would the same thing not be legal for cheer???

If the artist hasn't granted permission it is not legal. It may not be a risk if your dance studio doesn't compete at televised competitions, or the studio may be using tracks where permission for use has been granted.

 

[cheer25mom]

If the artist hasn't granted permission it is not legal. It may not be a risk if your dance studio doesn't compete at televised competitions, or the studio may be using tracks where permission for use has been granted.

As i edited above, we have been told it IS legal if you are not profiting from the performance. It's considered educational use.

 

[cheer25mom]

It's the music producers charging gyms that makes it illegal. It doesn't matter if they purchased it legally if they're making a profit off of selling someone else's music.

But if the gym did it themselves it would be legal, as long as they don't turn around and sell it.

 

[quitthedrama]

But if the gym did it themselves it would be legal, as long as they don't turn around and sell it.

If the gym is charging you for the music via choreography it isn't legal. However it is much harder to prove since you aren't paying an outside party for the music.

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[MissCongeniality]

As i edited above, we have been told it IS legal if you are not profiting from the performance.

The laws go even beyond this now... fair use, public and sampling are what I believe are the key issues that have resulted in the crackdown--

Licenses are required. If you really look into it... even gyms could potentially get into trouble for playing music without a license.

 

[cheer25mom]

If the gym is charging you for the music via choreography it isn't legal. However it is much harder to prove since you aren't paying an outside party for the music.

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You are correct, but we are a small gym the mixes in house and we aren't charged a music fee. Choreography fees go to pay for the actual choreography.

 

[cheer25mom]

The laws go even beyond this now... fair use, public and sampling are what I believe are the key issues that have resulted in the crackdown

How so? There is still an educational use clause, and that is what we have been told a not for profit performance by minors falls under.

 

[MissCongeniality]

How so? There is still an educational use clause, and that is what we have been told a not for profit performance by minors falls under.

I am not a lawyer and will not give legal advice ;). In my former career I was impacted by music licensing laws so I do know a bit about them. In recent years there have been huge changes and crackdowns. You can do a search and find out quite a bit of detail. This link Music & Copyright | University Communications | Washington State University provides some detail on the use in education. Define "not for profit" performance. Certainly the gym is profiting... the EP is profiting... the music person who is paid to make the mix is profiting... and so on. And minors? So what about senior teams? Again... this is why the lawyers make the big bucks...lol!

 

[quitthedrama]

Often times you can't even post a video of a kid dancing in their living room to Youtube with music added to it, and Facebook is even stricter. It isn't just about profiting, it is about the copyright and license infringements. Some artists police it more than others, but I'm pretty sure even adding music to a choreographed routine is technically violating the law even though the chances of facing consequences are minimal.

 

[Ashley]

Who's that CEA mom who had a parent in the music industry? She doesn't really post anymore, but she may have some insight.

ETA: @xtremeteal4life

 

[MissCongeniality]

Often times you can't even post a video of a kid dancing in their living room to Youtube with music added to it, and Facebook is even stricter. It isn't just about profiting, it is about the copyright and license infringements. Some artists police it more than others, but I'm pretty sure even adding music to a choreographed routine is technically violating the law even though the chances of facing consequences are minimal.

Exactly! My mom is a realtor. They are having to make changes to the virtual tours they post (You know how music sometimes runs in the background?) or potentially face legal issues. Sure, most could "get away with it" but if you end up being the one who is policed... ugh.
Another interesting issue that would be fun to debate in a law class- Something like Cali's showcase last year? They charged for live feed access and I am pretty sure it wasn't just routine music that was played (though much was 5-6-7-8 mix) there was also music played between routines (background). Now, assuming they did not have licenses? Legal?? What if the showcase wasn't even "televised"... but there were hundreds of people (thousands?) who paid admission to watch... music played... legal?

 

[Keep_Believing]

Random, but saw saw Jacinto Rodriguez post that his company HOSS Choreography provides special needs routines and music free of cost. That is cool!

 

[SL&AM]

I understand the rule, but think about enforcement. Is there going to be a judge that listens for illegal music samples? If so, how could they possibly be aware of every single song, sample, etc.?
Would the potential offending gym have to prove that part of their music is legal? If so, how?
Sounds like they'll have to work that portion out.

When I danced in high school, we had to submit the copyright verification before we were allowed to compete. My guess is something along those lines.


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