Exemptions

An exemption to an exclusive right means that the user does not need permission from the copyright owner to use the work. Exemptions to copyrights in music and sound recordings apply to the public performance right. Certain performances like those that happen in the course of teaching in a classroom, instructional and religious broadcasts, and non-profit performances are exempted from the scope of the performance right.

The law also permits restaurants, offices, malls and other establishments to play music in the background without the permission of the copyright owner. In order to qualify for this exemption establishments have to meet three conditions:

• They have to come within specified square footage.

• They should not use more than six speakers or four monitors to enhance the transmission.

• The performance should originate from an FCC licensed radio station or television station.