Music Licensing Questions and Answers

Why get a music license?

Why get a music license?

It is the right thing to do, as this is the means by which the creators of music are compensated for their work; but just as importantly, the law gives copyright owners the right to license "public performances" (subject to certain exemptions), and performance of music in funeral homes are public performances that often require licenses.

Who needs the music license?

If your funeral home or cemetery, regardless of size, hosts performances of copyrighted music other than in "religious services," regardless of whether the music is performed live or played from recordings - and this includes much of the music used in funeral homes - music copyright owners say you are legally required to pay an annual licensing fee.

Aren't small funeral homes or those with low call volume exempt?

The Fairness in Music Licensing Act of 1998 does make exceptions for small businesses of 2,000 square feet or less. However, this exemption applies only to radio and television broadcasts. Funeral homes that use live or recorded music are not covered by this exemption.

Isn't it the family's responsibility if they bring the music in with them?

According to the Better Business Bureau, the proprietor of the business in which the music is performed is responsible for obtaining licensing and is liable for any copyright infringements.

Why did the International Cemetery, Cremation and Funeral Association initiate this project?

Because many in the industry have asked: With over 18,000 funeral homes in the U.S., why isn't there an alternative to paying high prices for a music license? ICCFA began working on this project several years ago and has been able to generate sufficient interest throughout the profession and negotiate volume price breaks with the three music licensing agencies. The ICCFA introduced its group discount music license for the 2005 calendar year, allowing any funeral home or cemetery in the U.S. to join and become licensed.

My company is already paying dues in another ICCFA membership category: Regular (voting) Cemetery, Funeral Home, Memorial Designer or other Allied; or Supplier, Professional or Mortuary Student/Faculty (non-voting). How does ICCFA Music License membership fit in with the others?

Different ICCFA membership categories provide different benefits. The Music License Membership is an additional non-voting membership category. It provides benefits including annual music licensing for industry businesses. A company must hold a Music License Membership to receive this benefit. In order to hold ICCFA Membership in more than one category, a company must pay the dues for each additional category.

It only takes a few minutes to complete the membership process, so join today!

What are the licensing agencies?

BMI
ASCAP
SESAC

A New Approach To
Funeral Home Music Licensing

Many firms in the funeral service and cemetery industry have decided that music licensing is legally required for their funeral homes, combination operations and other industry businesses where music is performed (either live, played by recording, or in many cases by the receipt of radio transmissions). Music copyright owners take the position that licenses are needed for performances such as music on hold, background music and music performed in gatherings and functions other than religious services.

Failure to obtain a license where one is required can be costly: Copyright law provides for damages similar to fines of up to $30,000 for each song that is infringed. Thus, it often is safer to view music licenses as a necessary cost of doing business in the funeral service profession.

The way to ensure you are covered legally for any music a customer may request is to be licensed with ASCAP, BMI and SESAC. But many funeral home and cemetery owners and managers have told us the cost of obtaining a music license has just been too high for small businesses. Either they had to pay over $500 to obtain licensing directly from the agencies, or else they had to pay nearly $500 - or much more - for a license fee in addition to membership fees required by other organizations. For some, this has meant risking a lawsuit and heavy damages by not purchasing all three licenses  - or not purchasing any at all.

The Solution!

The ICCFA music license program is designed for industry professionals who wish to be in compliance with the law but cannot afford the high cost of licensing the old way. Now, you have another choice!

Your Music License Membership dues of $248 per location includes the combined ASCAP-BMI-SESAC music license for 2009. There are no additional fees for the music license.

But the deal gets even better: Just as our current membership level allowed us to reach the current price break, we will continue to pass along the savings from future price breaks. The more members we attract, the lower the dues cost will be - so please help spread the word!

It only takes a few minutes, so download your 2009 Music License Coalition Application today!

Music License Registration

2011 Music License: Same low price since 2009! Purchase your music license online now. Or, simply print and complete the Music License Coalition Registration Form, and return to ICCFA via mail or fax, and your property will be covered for 2011.

2010 Music License: Simply print and complete the Music License Coalition Registration Form, and return to ICCFA via mail or fax, and your property will be covered for 2010.