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Legal Implications of Playing Music at Your Brewery 

by Tarah K. Rémy

Published: August, 2021

Submission: August, 2021

 



Dinsmore's Tarah Rémy wrote an article for Beverage Master titled "Legal Implications of Playing Music at Your Brewery," where she discusses the intellectual property considerations breweries should take when choosing music, whether played through speakers or live. You can read the full article by clicking the link at the bottom. Below is an excerpt.                                                                                                                                                       



Why Your Brewery Needs a Performance License to Play Music


Copyright is a form of property, and once music is written down or recorded, it is copyrighted. The copyright holder is the owner of that copyright and is granted a performance right to the copyrighted materials. If you want to publicly perform a musical work, you need to pay a performance royalty to the copyright holder. The performance license acts as written permission to play a copyright holder’s musical work in a public space.


Doing so without a performance license, (without legal permission) places your brewery at risk for litigation. Though the Copyright Act limits the award for copyright infringement to between $750 to $30,000, it is within the court’s discretion to award between $200 to $150,000, not including attorney’s fees and costs. Whether the court can increase or decrease the award depends on whether you knew you were violating copyright law. No matter the circumstance, if you violate copyright law, you will be required to pay, and the gamble of just how much is not worth the risk. Acquiring a license removes the guesswork and allows you to maintain control over your brewery’s finances.                                                                                                                                                                                                    



                                                                                       


For more information, make sure to register for Tarah's webinar "The Legal Ins and Outs of Playing Music in Your Brewery" here. 


 

 



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