Also known as:performing rights organization · performing rights org · PRO · PROs · collecting society · copyright collective
Written by attorneys · grounded in primary & secondary sources — see below
Entities that manage public performance rights in musical compositions for copyright owners by negotiating blanket licenses with users such as broadcasters and venues and by collecting and distributing royalties.
Sources & Authorities· 2 primary sources
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Model Codes
Study Supplements
How it applies
Common Examples
5
Judge Composer Uses Pro Organization
Paige Porter, a sitting judge and part-time composer, assigns her songs to a performing rights organization. The organization issues a blanket license to local radio stations and collects quarterly royalties on her behalf. Porter receives her share without personally contacting each station or negotiating rates.
Lawyer Meets Pro Bono Goal Through Licensing
Patricia Patel, a lawyer seeking to fulfill her annual pro bono hours, represents a local nonprofit music venue. She helps the venue obtain a blanket license from a performing rights organization so that live performances of copyrighted songs do not expose the venue to infringement claims. The organization collects the modest annual fee and distributes shares to the songwriters.
Philip Powell owns copyrights in several musical compositions. A performing rights organization licenses the public performance of those works to streaming services and television networks. Because the copyrights remain in force, the organization continues to collect and remit performance royalties to Powell throughout the extended term.
Trade Secret Alternative To Performance Licensing
Pinnacle Holdings develops a proprietary method for tracking song plays at nightclubs. Rather than relying solely on trade secret protection, the company joins a performing rights organization that already monitors performances and distributes royalties. The organization supplies the data and handles licensing so Pinnacle avoids separate enforcement litigation.
Media Company Faces Performance Royalty Claim
Times, Inc. broadcasts a program that includes a copyrighted musical composition. The performing rights organization that represents the composer sends a demand letter and later files suit for unauthorized public performance. The organization seeks damages measured by the license fee the broadcaster would have paid.
Common questions
Frequently Asked
2
How do performing rights organizations reduce the burden on individual copyright owners?+
They negotiate blanket licenses with large numbers of users and collect and distribute royalties centrally. This spares each owner from locating every public performance and negotiating separate fees.
Supporting sources
What happens when a venue plays music without a performing rights organization license?+
The organization may send a demand letter or sue for infringement. Recovery is typically measured by the license fee the venue should have paid plus any additional damages authorized by statute.
Supporting sources
385 U.S. 374 (1967)Remedies
…He claimed that the article invaded the privacy of his family. The suit was brought under §§ 50-51 of the New York Civil Rights Law, which create a cause of action for invasion of privacy by the unauthorized use of a person’s name or picture for advertising or trade purposes. The jury awarded Hill $30,000…