It is important to understand the legal use of music in a group fitness class. Teaching to groups of people for profit in a public place requires a commercial music license. There are many options for streaming or downloading unlimited amounts of original artist music, but most of these sources state in the terms of agreement that the music is for personal use only. Music that is played in a “for-profit” setting, such as a group exercise class in a fitness center or community building, requires a commercial music license. Using music without a commercial license may result in legal action and fines.
To meet the requirements of using music in your classes under copyright laws, follow two simple steps.
First, use music that is approved for use in a public space. Purchasing music from fitness music companies meets this requirement as these companies own the recordings and license them for commercial use.
SilverSneakers has partnered with Yes!FitnessMusic to provide instructors with thousands of hit songs to help you create the perfect class experience. Instructors can purchase CDs and digital playlists that have been created specifically for SilverSneakers classes or choose from the hundreds of CDs and digital playlists created for various other class types and populations. Instructors can also make their own playlists.
Check out their selection here www.yesfitnessmusic.com
Second, confirm with the organization where you teach classes that commercial licensing fees are covered. Most locations that play music in a public space do pay these fees. If you are an independent instructor teaching in a location that does not pay commercial music licensing fees, you may need to contact the performance rights organizations for direction.
Requirements for using music in a public, commercial setting:
- Song recordings played must be licensed for commercial use.
- Performance fees must be paid to performance rights organizations, such as ASCAP, SESAC and BMI.
Both conditions must be met as #No.1 covers the recordings and #No.2 covers the performance of the underlying compositions.
Meeting these requirements is easy by doing the following:
- Purchase music from companies that make music specifically for fitness and public performance. These companies produce and own the recordings, allowing them to license it for commercial use.
- Confirm with the organization where you teach fitness classes that commercial licensing fees are covered. Most organizations where music is played in a public space do pay these fees as part of their business expenditures.
For specific questions and inquiries, contact the Performance Rights organizations directly.
Performance rights organizations
Note: While music is required in most signature formats, instructors are not required to use specific SilverSneakers music in their classes. The only requirements that must be adhered to are following the recommended beat per minute (BPM) guidelines for SilverSneakers or BOOM classes and choosing music appropriate to your class format and audience.