Music Licensing Laws for Group Fitness Classes

Music is more than just a backdrop for group exercise classes; it’s the heartbeat that drives both instructors’ and participants’ energy, motivation, and enjoyment. As group exercise instructors, we thrive on discovering new tracks and crafting dynamic playlists that elevate the workout experience, and you probably don’t have a lot of expertise in fitness music licensing laws. Whether we purchase music from Apple Music, subscribe to Spotify, use specialized fitness music providers, or receive monthly music subscriptions from fitness programs, music plays a central role in our professional lives.

However, amidst the excitement of curating the perfect soundtrack, navigating the legal landscape of music usage is crucial. Recently, there’s been significant discussion around the legalities of the music we play in our classes. Understanding what legally permissible music can be complex but is essential for protecting our businesses and supporting the artists who create the music we love.

This blog aims to demystify the legal aspects of music usage in fitness classes. We’ll explore the difference between private and public performance licenses, explain why obtaining the correct licenses is vital, and outline the potential consequences of non-compliance. We’ll also provide practical guidance on securing the necessary licenses and highlight resources and support from Performance Rights Organizations (PROs) such as ASCAP, BMI, and SESAC.

By the end of this article, you’ll clearly understand what music you can legally use in your classes, ensuring that your playlists not only enhance the workout experience but also comply with copyright laws. This knowledge will empower you to create a vibrant and legally sound environment for your clients, safeguarding your professional reputation and contributing to the sustainability of the music industry. Let’s dive into music licensing and ensure that the beats driving our classes are inspiring and legally compliant.

 

Private Licensed Music

Music licensing ensures that artists are fairly compensated for their work. When you purchase music, you get a private license, which allows you to play it for personal use.

Personal use means non-commercial activities where no one collects money, such as listening at home or in your car. However, this private license does not cover public use, especially when people pay to participate, like in your group exercise classes.

 

Public Performance License

To play music in public settings, you need a public performance license. This additional license compensates copyright owners when their music benefits your business. Playing music publicly without this license is against the law.

This type of licensing is often called blanket licensing, covering all musical activities in a business. Performance Rights Organizations (PROs) collect fees to pay copyright owners. In the U.S., there are three main PROs:

  • American Society of Composers, Authors, and Publishers (ASCAP)
  • Broadcast Music Inc. (BMI)
  • SESAC Performing Rights

A Few Things to Note About These Companies:

  • They represent different songwriters and copyright owners.
  • They operate independently and do not work as an alliance.
  • They sell public performance licenses that cover various businesses, including fitness centers.

 

Public Performance License & Fitness Centers

Most large fitness chains have blanket licenses, allowing music to be played in group exercise classes and other areas. Remember, playing your amazing playlists in class is considered a public event, so a public performance license is necessary.

The business, not individual employees, is responsible for purchasing this license. Fees are based on factors like the size of the facility and population.

 

Using Music in Your Classes

You might think that using music from services like Pandora, Spotify, or other background music subscriptions means you don’t need to worry about licensing, but there’s more to it.

It’s crucial to check the details. Often, the fine print reveals that the music you stream or purchase isn’t covered for use in classes. ASCAP, for example, offers a comprehensive brochure on their website for fitness centers, and these rules are clearly stated in many contracts.

ASCAP Limitations To License Agreement Held With All Background Music Subscribers

  • Section 2(b): “This license shall not under any circumstance extend to (i) any premises to which an admission, membership or similar fee is charged at the time LICENSEE’s Background/Foreground Music Service is provided, or at which dancing or similar activity (e.g. aerobics or “jazzercise”) in conjunction with LICENSEE’s Background/Foreground Music Service occurs;”
  • Section 6(b): “You shall not use the Service in any ballrooms, discotheques, dance studios or bowling centers; any theme park, skating rink or nightclub or other location where an admission fee or cover charge is assessed; or in instructed health club classes.”

Here are some more examples of limitations:

  • ASCAP Limitations: “This license shall not extend to any premises charging an admission, membership, or similar fee when music is provided.”
  • Fitness Music Companies: Dynamix Music’s FAQ states, “All Dynamix releases are legally licensed for public sale, but fitness clubs must pay for a blanket license to play these works publicly.”
  • Zumba License Agreement: “Most musical compositions included with Instructor’s ZIN materials are not licensed for public performance unless local licensing requirements are met.”

 

If your studio does not have a blanket license, a licensing manager may contact you. Check out this article to learn what to do when this occurs.

Ensuring your fitness studio has the appropriate music licenses is essential for both legal compliance and the integrity of your business. By obtaining a blanket license, you support the artists who create the music that enhances your classes, avoid the risks of fines and legal action, and provide a professional, enjoyable experience for your clients. Organizations like ASCAP, BMI, and SESAC are there to help you navigate this process, offering resources and support to make licensing straightforward and beneficial. By embracing proper music licensing, you can focus on what you do best—delivering outstanding group exercise classes that inspire and energize your participants.

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