Camps must consider music copyright laws.

For most camps, music is an important part of the camp experience. However, many camp owners and directors are unfamiliar with the requirements of federal music copyright laws and are unaware of the large sums of money they could be fined for noncompliance.

Federal copyright law (Title 17, U.S. Code) protects songwriters and performers by granting royalty rights for the use of their songs by the public in specified, but broad, circumstances.

While few music end-users are satisfied with the current copyright laws and enforcement mechanisms, the current federal law is fairly clear. Royalty rights exist in the performance of much of the music played in camps. The American Camping Association is working to minimize the cost of compliance with these laws and, at the same time, to make Congress aware of the need for fairer and more rational administration of music copyright protection.

Any camps (both profit and nonprofit) that have received a notice from the American Society of Composers, Authors, and Publishers (ASCAP) about licensing are required to license simply because they have been notified. There is an exemption available to nonprofits that have not been notified if they charge no admission fee for the public performance of music. Because this issue has not been tested in the courts, it is unclear if a camp's tuition constitutes an admission fee. Court action would be extremely costly and it is recommended that all nonprofits license.

Generally, in-home use of music is exempt from copyright law and is exempt from licensing. Playing a radio, tape recorder, or CD for family and friends is not copyright infringement "Public" uses of music are subject to royalty rights and licensing. Youth organizations such as camps are considered public for these purposes.

Section 106(4) of the Copyright Act says that to perform music publicly is "to perform or display it at a place open to the public or at any place where a substantial number of persons outside the normal family and its social acquaintances is gathered." Protected music sung around a campfire, in a dining hall, as part of a play or skit, played by cassette or CD for gymnastics or aerobic dance classes all meet the definition of a performance.

Penalties involving the performance of music without a license have been set by law and can be quite severe. Instead of actual damages, the Copyright Act permits the copyright owner to receive statutory damages ranging between $500 and $20,000 for each infringement. The amount is determined by the court; if the infringement is considered willful, the damages can be increased to $100,000 per infringement. Courts can also award the full cost of attorneys' fees to the prevailing party. Additionally, the Copyright Act provides that any person who willfully and for purposes of commercial advantage or private financial gain infringes on another's copyright can be fined up to $25,000, imprisoned up to one year, or both.

ACA negotiated with ASCAP a $250 annual licensing fee per camp. ACA mailed details of this arrangement to all owners/operators of ACA accredited camps and encouraged them to participate.

ASCAP purchased commercial lists of all camps in the United States and indicated its intent to monitor licensing authority within the camp industry. These lists were not provided by ACA.

ACA's legal counsel advises that the music companies are within their rights to seek protection under the law, and licensing is a legal means for them to do so.

For a copy of the ACA mailing to directors contact John Miller at 317/342-8456.