Confused about Music Licensing in the Virtual space?

Hi Fit Pros!!!!

I realize music licensing and usage for virtual workouts is very confusing so my goal is to help you understand the ins & outs of music licensing and how it can affect you as an instructor.

Keep in mind, this article addresses licensing mostly for the USA, though much of it also applies to other countries as well.

So WHY IS THIS IMPORTANT? Well let's see---you risk fines and you risk your content being taken down or even your live broadcasts stopping midstream. Also, as a professional you should do your best to know the law and to protect yourself.

The rule of thumb is this:

IF YOU DON'T OWN THE RIGHTS TO PLAY THE MUSIC, YOU SHOULD NOT BE PLAYING THE MUSIC!

I know you've been sold a few myths/misconceptions thinking that you're in the clear. Let's debunk these high level ... then we'll get into the nitty gritty

3 Examples of Common Myths/Misconceptions- Things you WISH were true but aren’t:

1 - Putting a disclaimer on your Facebook post does NOT make it OK!

2 - Playing your music at a low volume on Facebook does NOT make it OK!

3 - Not charging for your online classes does NOT make it OK!

So, here is what you need to know:

#1 - Virtual - Live streaming (like Zoom)-- this is a gray area as the music industry does not seem to agree on what is and isn't allowed. However in my opinion, if an instructor uses music during a live broadcast and does not record it for the end user to access later,  it should be ok.  However, you may be subject to a "media license" from ASCAP or BMI.  

#2 - Virtual - Social media such as Facebook, Instagram and YouTube  - an instructor should NEVER use popular songs for social media. Facebook, Instagram and Youtube can mute, flag or take down a video which includes music owned by a rights holder. Your best option is to look for  "royalty-free" music to protect yourself.

#3 - Virtual - On-demand - when a class is RECORDED and played back again by the user, this is called Video on Demand. You or the company you are teaching for, will need to obtain a Synchronization License from the rights holder which can be very expensive. Again, in this scenario the safest bet is fo instructors to use only "royalty-free" music for any video class that is recorded and saved for resale or as a giveaway. 

#4 In person - as the instructor it is NOT your responsibility to worry about music licensing. It is that of the physical venue such as a studio or gym.  The venue typically has a Public Performance License from a "PRO"- a Performing Rights Organization. This varies greatly from country to country. Please check your country's music licensing laws.

So where does Muscle Mixes fit in? 

Muscle Mixes is offering  package options for virtual classes:

Click here for more information: https://musclemixes.com/virtual-for-vod-1/

Best of luck to you and I hope this helps!!!

{**Disclaimer---Oh and one more thing. Here's where I have to include a disclaimer. I am providing you the best information I have today compiled from many resources; however, music licensing, especially in the digital space, is evolving. The information is meant to be a guide, a resource, but I do suggest you consult with attorney and keep an eye out for new information as it’s available}

Stay awesome,

By Denise Imbesi

CEO/Founder

Muscle Mix