[CA] What legal options do I have to stop another party from publicly performing my client’s music without permission?

CA Legal (General)

Liz

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Since your client's music is registered with a performance rights organization like ASCAP, it is protected under copyright law. Unauthorized use of this music by another entity can be considered copyright infringement, which is a violation of your client's exclusive rights to reproduce, distribute, and perform the work. (17 U.S.C. § 106)

Even though the song is not commercially released, your client still holds the performance rights. The unauthorized public performance of the song by the other entity without permission infringes upon these rights. So a cease and desist would begin the process. It would then also allow for an infringement suit against the other party. (17 USC § 501)

Intellectual Property Cease and Desist Letter

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My client's music is being used without asking for a public performance by another entity. I want to find out what legal ways we have of stopping this.

Lexi, Chatbot

I understand how concerning it can be when your client's work is used without permission. Can you tell me if your client has registered their music with any copyright office?

They have registered the song with a performance rights organization (ASCAP) but the song is not yet commercially released. They haven't registered it with the US Copyright Office.

Lexi, Chatbot

Have there been any previous communications or attempts to resolve this issue with the entity using the music?

No, although we have told the entity that we do not wish for them to use our music in any advertising materials. A few times they did and we asked them to take it down.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your music usage issue.

Yes. The show that is using the song is set to open this weekend. We would like to keep them from using the music in their performance.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, how did the other party gain access to the music?

They had worked with my client previously and during that they were sent a selection of music to be performed by the artist. Among them was this song. That was for a specific performance that happened in the past.

Liz

Thank you for sharing that. Have you sent them any cease and desist letters?

We haven't sent them a cease and desist letter yet, but I wanted to know what our legal path could be before we do that.

Liz

Got it, thanks for clarifying. Could you let me know where you and your client are located?

We are located in California.

Liz

Understood, so if my client wishes, he could bar them from using that song as part of their performance, and that process must be initiated through a cease and desist letter.

Liz

And he could sue if they don't agree, that's correct.

This is a circus performing company that has a live orchestra. They transcribed and decided to use a song by my client in their performance. This is something we would like to keep them from doing.

I ask in part because how would this situation be different from say a wedding band that decided casually to cover a song by a popular band? Could that band keep somebody from using their song at the wedding in some way? Can you keep someone from covering your song in a live music situation?

Liz

Great question! The key difference here is the context and scale of the performance. In your client's case, the circus company is using the song in a public performance, which typically requires permission or a license from the copyright holder. This is because it's a commercial setting where the music contributes to the overall experience and potentially generates revenue.

For private events like weddings, bands often perform covers without explicit permission, but these are generally considered private performances. However, venues hosting such events usually have blanket licenses with performance rights organizations (like ASCAP) that cover the performance of copyrighted music. Anything being recorded or streamed also needs a separate license. It's the same process though—if it's discovered, an infringement suit is brought.

I get it, so in this case we can send a cease and desist that would establish our desire for them to not use the music. Then if they proceed to do so we can sue them for copyright infringement.

Liz

That's exactly right!

I hope I was able to help with your situation! If you have any other questions, feel free to ask.

Liz

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