All-Star Usa Cheer New Music Rules..

[MissCongeniality]

@Mondo you may be allowed to remix music you "own" (which you don't really...) But it doesn't cover the right to use the music in a venue charging admission (or even many places that don't)
Peeps have to understand that just because the producers make changes to ensure what they're doing is "legal" does not automatically mean those mixes are then ok for gyms, venues, EPs etc. to use without needing licensing themselves.

 

[MissCongeniality]

If you require an individual license to play each remixe at a gym wouldn't every nightclub in America get sued for playing remixes without getting a license for each one? That would be a way bigger market to go after than cheerleading.

Nightclubs get licensing for the use of songs...not specific individual remixes (as far as I know. I'm not in that industry. But I'm sure they're covered...or most of them are. This isn't a "new" thing...like I have said I dealt with it in the broadcasting industry decades ago...it's just "new" to cheer)

 

[Mondo]

Nightclubs get licensing for the use of songs...not specific individual remixes (as far as I know. I'm not in that industry. But I'm sure they're covered...or most of them are. This isn't a "new" thing...like I have said I dealt with it in the broadcasting industry decades ago...it's just "new" to cheer)

Nightclubs have the same ASCAP and BMI licenses that a Cheer gym or any other venue would have to pay to play copyrighted music; PRO (Performance Rights Organization) fees. The only difference arises when you want to record or broadcast the event, but covers run into the exact same difficulty if not more.

 

[MissCongeniality]

Look...chances are Taylor Swift is not going to go after Podunk Allstars for playing her music at "showoffs" without proper licensing. So Podunk can play the Vegas odds and conveniently not get licensing (which is how the entire cheer industry has operated for years). Varsity is a bigger fish. Varsity is more likely to get caught. So they are justifiably covering their arse.

This is a lot like all that booster club/fundraising we do through cheer and other sports. If the fundraising org/booster club is registered as a 501c3 then it can NOT put money earned in individual accounts based on hours worked etc. Now, reality... most do. The odds of getting audited are fairly slim (though the penalty is high for those who have been caught) I know of at least one organization like this that keeps a "second set of books". But most choose to play the Vegas odds (mostly out of ignorance...they never consulted an attorney who specializes in this area) and will come out ok.

 

[MissCongeniality]

Nightclubs have the same ASCAP and BMI licenses that a Cheer gym or any other venue would have to pay to play copyrighted music; PRO (Performance Rights Organization) fees. The only difference arises when you want to record or broadcast the event, but covers run into the exact same difficulty if not more.

exactly! they have licenses. I am sure most nightclubs have done their due diligence on these topics. Sadly I think many in the cheer industry do not understand that this isn't just about the mixer getting licensing for the song he/she uses or being televised on ESPN... it is about using (for something other than your own personal listening) the music.period.

 

[Mondo]

@Mondo you may be allowed to remix music you "own" (which you don't really...) But it doesn't cover the right to use the music in a venue charging admission (or even many places that don't)
Peeps have to understand that just because the producers make changes to ensure what they're doing is "legal" does not automatically mean those mixes are then ok for gyms, venues, EPs etc. to use without needing licensing themselves.

You are entitled to mix music you own. US courts have always found in favour of consumers' rights to manipulate and alter products they have purchased. You can't then go and sell it, because the original creator has the exclusive rights to this. That's why the cheer producers were sued.

Several of those same producers now use Legitmix to sell their cheers without issue because Legitmix makes sure the original artists get credit.

 

[cpersichilli]

They only started to care because several cheer producers got sued, not because any producer made it their mission to make people aware. Heck, all cover versions do is cut out the original artists who made the song famous and replace them with an imitation so they don't have to pay.

In the last two seasons cheerleaders have bought over $250,000 worth of original songs from iTunes so they could buy cheer mixes from Legitmix.com/cheer. Cheerleading is a great source of marketing for the music labels, it's just that they've never known that because there was no way to show them. Instead producers just used their music with no compensation. This is why the labels don't care about cheerleading.

Legitmix ensures the customer owns the original songs sampled in the mix before they can buy the cheer. If they don't then an iTunes link is provided so they can purchase them. Once the original songs are verified they are used to recreate the remix on your computer. This process complies with copyright thanks to fair-use, which gives you the right to remix music you own. It also ensures the original artists get credit for their work, and showcases how valuable cheerleading can be to the music labels. Over time this will help to build up relationships between the industries that will be beneficial to both sides. It also allows cheerleaders to use popular music for their cheers, and for the best producers to thrive and sell their work to more teams without worrying about getting sued and losing their business.

So the mixes posted on legitmix are able to be used at a competition? my college team is competing for the first time this year, and we found a mix we fell in love with on that site, but i told them to hold off on buying it until more information became available about all this.

 

[NJ Coach]

They only started to care because several cheer producers got sued, not because any producer made it their mission to make people aware. Heck, all cover versions do is cut out the original artists who made the song famous and replace them with an imitation so they don't have to pay.

They started to care because a music producer reported competitors and they got sued. The music industry was led to believe these producers made more money than they actually do. However, now that they're aware, they will enforce the law.

 

[MissCongeniality]

You are entitled to mix music you own. US courts have always found in favour of consumers' rights to manipulate and alter products they have purchased. You can't then go and sell it, because the original creator has the exclusive rights to this. That's why the cheer producers were sued.

Several of those same producers now use Legitmix to sell their cheers without issue because Legitmix makes sure the original artists get credit.

Correct. However you can't just go use those mixes at a cheer comp that charges admission (and similar other venues). You need a license for that.

 

[coacha]

So the mixes posted on legitmix are able to be used at a competition? my college team is competing for the first time this year, and we found a mix we fell in love with on that site, but i told them to hold off on buying it until more information became available about all this.

USA Cheer does not recognize legitmix as being legal currently. My guess is they won't because though legitmix pays the record labels, the mixers are still making money by mixing other people's music. But this is legitmix's side to the story: The Legitmix Blog: Copyright Common Sense

 

[AScheer]

There are different licenses. Playing music at a venue (even a cheergym) requires a license in most cases. It's not just the fact that it is televised that requires a license (that just makes it more likely to be caught)

Correct. I was just responding to another who said you have to have ASCAP and BMI music so that varsity could pay licenses for it. I was trying to say that I highly doubt varsity licenses the music for every routine, only the routines that got televised. Only a select few competitions ever even made coaches fill out music forms. If your team wasn't in a division that aired on TV, they could care less if your teams music sheet ever got turned in.

 

[coacha]

Correct. I was just responding to another who said you have to have ASCAP and BMI music so that varsity could pay licenses for it. I was trying to say that I highly doubt varsity licenses the music for every routine, only the routines that got televised. Only a select few competitions ever even made coaches fill out music forms. If your team wasn't in a division that aired on TV, they could care less if your teams music sheet ever got turned in.

The ASCAP/BMI licenses I was referring to are the general DJ type licenses. Even non-television aired Varsity competitions "required" songs from that so that when they play your music in front of the crowd. No, they didn't check except for Nationals and those who were going to be televised. But we've always supposed to have been sticking to that list, so that when the DJ plays those songs in the venue they are covered for public listening of any song that is ASCAP or BMI (which is the majority of popular music).

In other words, you can't just play music in a bar. You pay a license fee to ASCAP and/or BMI that allows you to play any of their songs. Varsity (and all venues SHOULD) pays for a license that allows public performances of ASCAP/BMI songs.

 

[AngelsMum24]

If you require an individual license to play each remixe at a gym wouldn't every nightclub in America get sued for playing remixes without getting a license for each one? That would be a way bigger market to go after than cheerleading.

I believe the license referenced was ASCAP/BMI.

 

[AngelsMum24]

@Mondo you may be allowed to remix music you "own" (which you don't really...) But it doesn't cover the right to use the music in a venue charging admission (or even many places that don't)
Peeps have to understand that just because the producers make changes to ensure what they're doing is "legal" does not automatically mean those mixes are then ok for gyms, venues, EPs etc. to use without needing licensing themselves.

Not to mention, I'm pretty sure those original artists and publishers didn't give the artists of Legitmix permission or licensure to add sound effects and alter the original content, which is still a copyright infringement.

 

[Mondo]

For every Rachel Plattern, there is a Taylor Swift who is willing to die on the hill for artists rights. I have to say, that I was shocked Stars got away with an entire season of L.G. who in interviews is often of the T.S variety compared to R.P.



If USASF has monetized their own profile, wouldn't that still be considered profiting of the music?

I don't think you can monetize videos that contain other's copyrights. The labels would get all the revenue from the videos more than likely. It is still an easy way to give cheerleaders easy access to their videos though, so I would consider it a win for them.