The below are the several exceptions to the general requirements of having to pay royalties for public performance of Music Recordings:-
(A) Statutory Exemptions
The law provides numerous exemptions from the paying of royalties. For example, automatic exemptions for music users are available under Section 13(2)(k) of the Copyright Act 1987, if all THREE (3) conditions are satisfied, i.e. when Music Recordings are played by:-
· a non-profit making club or institution;
· where no admission or contribution fee is charged; AND
· when playing of Music Recordings is for charitable or educational purposes only.
In the event ALL THREE (3) conditions are not met, you will not qualify for these exemptions.
(B) Other Exemptions
There are also other exemptions where the music users need not pay royalties, e.g.
· Playing of music not represented by the CMO (subject to written consent from the individual copyright owner);
· Playing of music that has fallen into public domain i.e. music for which copyright has expired (beyond the protection period of 50 years from date of publication or life of the author plus 50 years);
· Playing of music that has been contributed free for the welfare of society.