Alongside a thorough review of its Music Licensing: Operational Resources to ensure continued alignment with prevailing legal standards and industry best practices, the National Apartment Association (NAA) is introducing two new operational resources related to copyrighted audiovisual content. These include an overview and a checklist for members throughout the rental housing industry to help navigate the complexities of copyright compliance.
Access the resources here:
NAA encourages all our members to review the resources with their local counsel to ensure that their operations remain legally compliant.
NAA offers these operational resources because many housing providers choose to play copyrighted music and movies in the common areas of their buildings, such as elevators, lobbies, resident lounges or community gyms. Depending on where the content is played and who can hear it, housing providers may need to obtain licenses from the copyright and other rights holders.
The Copyright Act of 1976 outlines the basic framework for copyright law in the United States. It prohibits the “public performance” of copyrighted content, including music and audiovisual works such as movies and television, without the copyright owner’s permission. A public performance can refer to a live act or display, but it also means the transmission/communication of a performance through any device that allows a viewer to receive it, even if they are not present at the same time or place. If a “public performance” is not properly licensed from the copyright and other rights holders, operators who display the copyrighted material may be sued for copyright infringement.
Performing Rights Organizations (PROs) serve a vital role in the music industry, bridging the gap between copyright owners—songwriters, composers and music publishers—and businesses that publicly use their musical compositions. However, a business may need additional rights beyond a PRO license to legally play music publicly, depending on how the music is used (e.g., specific sound recordings, music in videos or streaming). To be fully compliant, businesses may need multiple licenses depending on the music source and usage. This is why businesses should consult local counsel to ensure their specific use of music complies with all necessary licensing requirements.
NAA advocates for fair pricing and terms for licensing music and other media; it is essential that music licensing obligations are clearly understandable to housing providers, enabling them to determine when licenses are required and which type of licenses are appropriate for their apartment community.
NAA continues to explore additional opportunities to provide operational resources that help our membership navigate the complexities of copyright compliance.
For questions regarding NAA’s music and movie licensing resources, please contact Mark Russell at mrussell@naahq.org.