Ohio’s Laws on Music Licensing for Radio and Television

Music licensing for radio and television in Ohio is shaped by federal laws, primarily governed by the Copyright Act, as well as state regulations that ensure compliance with unique local practices. Understanding these guidelines is essential for broadcasters and content creators looking to incorporate music into their programming legally.

One of the critical aspects of music licensing is recognizing that music is protected by copyright from the moment it is created. Therefore, any radio station or television broadcaster intending to use copyrighted music must secure the appropriate licenses. Failing to do so can result in significant legal penalties.

In Ohio, as in other states, music licensing is often managed through Performance Rights Organizations (PROs). Organizations such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC handle the licensing process. These organizations represent songwriters and publishers, and they facilitate the licensing of music for public performances, including radio and television broadcasting.

For radio stations, obtaining a blanket license from a PRO can simplify the process. This license grants access to a vast repertoire of music for a predetermined fee, which can be an economical solution compared to negotiating individual licenses with each rights holder.

Similarly, television broadcasters must also obtain licenses to use music in their programming, including theme songs, background music, and any other tracks that may be played or featured. Typically, a combination of blanket licenses from PROs and direct agreements with sound recording copyright holders (which might involve the label or producers) is necessary to fully comply with copyright laws.

Ohio has specific requirements regarding local music and artist promotion. Broadcasters are encouraged to support local talent by featuring Ohio-based musicians. This initiative not only enriches the local culture but can often lead to mutually beneficial partnerships with artists who may grant more favorable licensing terms due to the community ties.

It’s also crucial for broadcasters to stay informed about recent changes in copyright laws and licensing regulations, as these can evolve. For instance, the Music Modernization Act (MMA), enacted in 2018, brought significant changes to how music licensing is handled, particularly concerning digital streaming and mechanical royalties.

Moreover, broadcasters should educate themselves on the fair use doctrine, though it's essential to exercise caution here. Fair use allows limited use of copyrighted material without a license, but the specifics can be complex, and relying on fair use could expose stations to risk if not properly assessed.

In summary, compliance with music licensing laws in Ohio is vital for radio and television broadcasters to avoid legal issues and financial penalties. By collaborating with PROs, supporting local talent, and staying abreast of legal changes, broadcasters can successfully navigate the music licensing landscape while promoting and celebrating the vibrant musical culture of Ohio.