What is a Performance Rights Organisation and Its Legal Definition?

Definition & Meaning

A performance rights organization (PRO) is an entity that serves as a mediator between copyright holders, such as musicians and composers, and those who wish to use their works publicly, including businesses and venues. PROs collect royalties on behalf of rights holders when their copyrighted materials are performed in public settings. This includes instances where the use of the work is incidental to the organization's main purpose, such as in restaurants or shops. For organizations that rely heavily on copyrighted works, like theaters or radio stations, they typically negotiate royalties directly with the copyright holders.

Performance rights organizations are also referred to as copyright collectives or copyright collecting agencies.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A local restaurant plays background music for its patrons. To legally do so, the restaurant must obtain a license from a performance rights organization, which allows them to play the music publicly without infringing copyright laws.

Example 2: A theater company stages a musical. They negotiate directly with the copyright holder for the rights to perform the work, as it is central to their purpose. (hypothetical example)

State-by-state differences

State Notes
California Strong enforcement of copyright laws; multiple PROs operate.
New York Home to several major PROs; high density of performance venues.
Texas Growing music scene; PROs actively engage with local artists.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

What to do if this term applies to you

If you plan to use copyrighted works in a public setting, first determine whether you need a license from a performance rights organization. You can do this by:

  • Identifying the copyrighted works you intend to use.
  • Contacting a PRO to understand their licensing options.
  • Exploring legal form templates on US Legal Forms to assist with the licensing process.

If your situation is complex or involves significant financial stakes, consider consulting a legal professional for tailored advice.

Quick facts

Attribute Details
Typical Fees Varies by PRO and type of use
Jurisdiction Federal copyright law applies
Possible Penalties Fines for unauthorized use

Key takeaways

Frequently asked questions

A performance rights organization is an entity that collects royalties on behalf of copyright holders for the public performance of their works.