Ohio’s Laws on Performance Rights and Artist Compensation

Ohio's music scene is as vibrant as it is diverse, with numerous artists and musicians contributing to the cultural fabric of the state. However, with this dynamic landscape comes the necessity for understanding the complex legal environment surrounding performance rights and artist compensation. This article explores Ohio's laws on performance rights, the implications for artists, and how these laws impact overall artist compensation.

In Ohio, performance rights are primarily governed by federal law, most notably the Copyright Act, which gives artists exclusive rights to perform their works publicly. This means that when an artist's music is played live, whether in a bar, restaurant, or at a concert, they are entitled to compensation. Venues hosting live performances are required to obtain licenses from Performance Rights Organizations (PROs) like ASCAP, BMI, and SESAC. These organizations collect fees on behalf of artists and distribute the royalties based on how often their music is played.

Ohio law supports this framework by ensuring that artists’ rights are protected. The state's legislation reinforces the importance of performance rights and mandates that venues comply with copyright laws. Non-compliance can result in legal action, penalties, or fines, encouraging venues to adhere to this structure and support local artists.

Additionally, Ohio enacted the "Music Licensing Modernization Act," which aims to create fairer compensation for artists. This law emphasizes that artists deserve a share of the profits generated from their performances. As a result, it strengthens the bargaining positions of musicians, allowing them to negotiate better terms with venues and promoters.

Another significant aspect of artist compensation in Ohio concerns "fair use" in the context of performances. Fair use allows for limited use of copyrighted material without obtaining permission, typically for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. However, this does not usually apply to live performances, where the artist must be compensated. It’s important for artists and venue owners to understand these boundaries to prevent any potential misuse and ensure fair compensation.

Furthermore, online performances have gained prominence in recent years, especially following the pandemic. Ohio’s laws on performance rights extend to digital platforms, meaning artists must also secure proper licensing for streaming their music online. As digital platforms continue to grow, understanding how these rights translate into online settings is essential for artists seeking to maximize their earnings.

For Ohio artists, joining a PRO can provide a crucial lifeline in navigating the complexities of performance rights and compensation. PROs offer invaluable support, helping artists understand their rights, track performances, and receive their rightful earnings. By aligning with a PRO, artists can focus on their craft while ensuring they are compensated fairly for their work.

In summary, Ohio laws regarding performance rights and artist compensation are designed to protect musicians and foster a thriving arts community. Understanding these regulations is vital for both artists and venue owners, as compliance not only helps avoid legal issues but also promotes a culture of respect and support for the creative individuals who contribute to Ohio's rich musical landscape.