Being legit: music, intellectual property rights, and licences

APRA. The Australasian Performing Right Association Limited.
This is just one Australian body regulating the intellectual property rights of musicians and people involved in the music industry.
It’s not the only body that could apply to the swing dance world’s intellectual property rights issues. But it’s the obvious one.

The next important step in running a dance business or putting on a dance is dealing with music intellectual property rights. In other words, if you use someone else’s music at your dance, you have to have a licence.

Luckily, APRA have a list of licence types.
NOTE: APRA is an Australian organisation, and this stuff varies between countries, so you’re going to need to look it up yourself if you’re not in Australia.
ALSO NOTE: Do NOT take this post as a legit, final word on how to do this stuff. I’m just randomly speculating as I skim through the APRA site. You need to do some proper research yourself, and contact APRA for more help.

Let’s have a bit of a look at the licences you’ll need for running a dance business in Australia.

It’s quite complicated. Basically, APRA have a heap of different licences for using music, depending on how you use it, how many people in the room can hear it, whether they’re dancing or not, how it’s reproduced and copied, where it’s played, whether it’s featured music or background music, and so on. Their site offers advice for specific users, describing which of these licences you’ll need. So, for example, there’s not so much a ‘nightclub licence’, but there is a set of licences that apply to people who play music in their nightclub.

• Classes
  If you are a dance school (or otherwise teaching classes – however you choose to think of yourself), you’ll need to pay an annual fee for a licence. There are three types of licences APRA sees as relevant to the work that dance schools do.

  1. Public performance. If you use music in class.
  2. Reproduction of music. If you copy music and give it to your students (eg for a performance).
  3. End of Year concerts.

  If you teach one day a week, you’ll need to pay $68.54 a year.
  If you teach more than one day a week, you’ll need to pay $68.54 a year plus $34.28 a year each extra day. So if you’re teaching two days a year, you need to pay $102.82 per year. And it increases for every day after that.

  Note: I know some people say they don’t need an APRA licence because they are an educational body, but if you are taking money for classes, then you need a licence.

  • Sam’s critical engagement with this
    I suspect this is definition of ‘dance class’ dependent on a ‘ballet class’ idea of dance schools, where dance is necessarily performance. A particular ideology of dance pedagogy informed by western, middle class concepts of learning and teaching which are teacher-centred, chalk-and-talk approaches where students are ‘injected’ with knowledge, rather than developing knowledge themselves. I wonder how vernacular dances and classes like African dance with drummers are licensed?

    In the former, the people drumming (providing music) are often also students participating in the class as drumming students, rather than as ‘featured musicians’. They don’t play set ‘songs’ so much as series of rhythms and rhythmic patterns (I guess that’s the definition of a rhythm – it’s an audible pattern, rather than random noise).
    In the latter, particularly if you use the ‘Lennart approach’ with lots of self-guided learning (I’ve talked about it ad nauseum in posts like Student Centred Teaching – some rough ideas), classes can become what is essentially social dancing (rather than strict choreography).

    And how would you classify a class like this one we did with musicians at Jazz BANG, where the ‘teaching’ was more a discussion, and where the ‘students’ were at once the people playing the instruments, the people listening (who also stood up and danced), and even the ‘teachers’ playing the music, talking, and demonstrating.

    I wouldn’t like to try to argue your way out of a fine using this logic, though.

• Parties with live or DJed music
  This is an interesting one.

  Let’s assume you’re using an established venue (not just a ‘space’ that you fit out for a party).
  If you’re using a venue that regularly uses live music (eg the PBC where we run our live music parties), then the venue is responsible for providing the licence (Hotels/pubs/taverns/bars licence).
  But if the music is a DJ or other featured recorded music (not just background music), there’s another licence they need to look at (Featured or Recorded Music licence.)

  Wait. It gets more complicated. If the venue is using music specifically for dancing (ie they have a dance floor), then they also need a Recorded music for dance use licence.

  There are additional licences required for copying music onto your ipad or phone from CDs, and how many devices you play music from affects the cost of that licence.

  If you are running a private event at a licensed venue like a pub, then you will need an event licence on top of all this.

  • Sam’s critical commentary
    You can see how it makes sense to use an existing venue for your dance classes and events. And how important it is to develop a very good working relationship with event managers. If their management is handling most of the APRA licensing (not to mention the liquor licensing and noise zoning issues), then you don’t have to. That’s why you pay rent to them – not just for the use of the space, but for all this administration. This is also why you have an obligation to run sustainable events that bring money into the venue.
    We’re lucky enough to be working with a venue that has a strong commitment to local community arts practice. The PBC is a community-run venue with a board and membership that anyone can be a part of (I’m a PBC member), and the members vote on everything from what colour carpet to buy to whether to get solar panels or not. They’re also really nice people with lefty politics.
    I see it as our responsibility to run classes that are in keeping with the PBC’s broader ethos of being a good citizen (ie treating people with respect), of being engaged with decent arts practice, and with being accessible for all peeps.

    But it is in the APRA laws about music for dancing where we see Australia echoing the totally rubbish laws in New York about dancing. If you are playing music specifically for dancing, you have to pay a particular licence.

    What if you are playing jazz? This is an interesting one, because if you’re a lindy hopper, this is dancing music, straight up, no question. But if you’re a jazznick, a jazz fan, it’s listening music. It’s even art music. Despite the history of the music, its original function and intention, jazz has largely shifted in cultural meaning and function to ‘music for listening’, art music. Not functional music.

    But I guess the key issue would be whether you had a dance floor set up and cleared. Whether you briefed the musician on what they should play and how they should play it. How you promoted the event, and to whom.
    This issue is one I want to think more about, because I’m getting more involved in promoting the live music events I’m part of to ‘non-dancing’ crowds – eg the Sydney Jazz Club, a particular musician’s fans.

    The last is particularly relevant with musicians like Adrian Cunningham, Tuba Skinny, and Andy Baylor, who have substantial fan bases who aren’t dancers. They’re music fans who want to come and sit and watch the musicians. It’s interesting to note here that if your band is paid more than $2500, and they’re performing in a hall or function space, the event holder will need another licence in addition to the venue’s licence. This becomes relevant when you’re hiring a big band, which typically costs more than $2500 (about $3000 if you’re looking for quality).

    In reference to the final point above, having bands in residency becomes a good idea for the venue, because they are no longer featured performers, but part of the regular night. So you can avoid some licensing issues. Perhaps. Do not quote me.

• Events
  This section should really be part of the section above, but I think we usually draw the distinction ourselves, even within the dance scene, between ‘regular social dancing parties’ and ‘special events’. So a weekly DJed party or social dancing event is quite different to a special christmas ball.

  The event licences are super complicated, and there are lots of different licences applying to an event. Things like whether you use live music or DJed music, whether food is involved, whether it’s a free or ticketed event are all important.
  You’d think that a DJed lindy hop party would count as a ‘dance party’, but it doesn’t, because

  Dance parties [licences are]…
  For Dances or Dance Parties that are one-off or occasional events, charging an entry fee, and playing APRA Works for dancing as the primary form of entertainment at the event. It does not extend to:
  …. 2. private function, or an event which features ballroom or similar traditional dancing;

  That bit about ‘traditional dancing’ caught my eye. Is lindy hop a ‘traditional’ dance? If they’re including ballroom, I guess it is. But lindy hop isn’t codified the way conventional ballroom dancing is (though we all know ‘ballroom dancing’ was a vernacular dance at heart… and after all, lindy hop has a long association with ballrooms)….

  Looking at the list of licences on the APRA page, it’s impossible to figure out exactly how a lindy hop party would fit into this system. You’d have to call up APRA and find out. Good luck with that.
  This is the next thing on my list of jobs. Wish me luck with that, will you.

  • Sam’s commentary.
    This issue of ‘regular social dancing’ vs ‘special balls’ is a tricky one. In my position with my last employer, my role involved running a number of ‘special events’ (not the fortnightly social dancing party) during the year. Last year I ran seven ‘special’ events for the business (in addition to the four independent parties I ran). Some of them were things that are run annually, some were one-off things, and some were part of big workshop weekends. Interestingly, the annual things have been run for years and years, both here in Sydney and in Melbourne, so you could argue that they’re not really special events any more, but regular events. They’re certainly very formulaic (or they were before I started messing about with them).
    I don’t think the distinction between regular and special events is actually all that important for APRA licensing, but it does assume more importance when you add things like insurance to the mix. Typically, your regular dance school insurance covers you for events which you run primarily for your own students (ie they’re not ‘public’ events, but ‘private’ parties). But when you start running events which target audiences beyond your own students, the insurance policy has to change to accommodate this.

So different dance events are regulated by different laws (I’m using the word ‘laws’ a bit inaccurately here): tax laws, insurance laws, intellectual property laws, liquor licensing laws, industrial relations laws, residential zoning laws, and so on. When you remember that these laws are different in different countries, states and local councils, you get this fascinating little nexus in lindy hop. I get very excited about this, and wish I’d done more cultural policy studies in my PhD work.

It’s all very interesting. As someone setting up a new business, it can be overwhelming, but most of it isn’t that hard. Because you can get help, and it’s actually useful help. Just call the various organisations up.

When you are planning a business, you need to think about:

– tax
– APRA licensing
– insurance
– industrial relations (OH&S in particular, but also agreements and contracts with contractors – teachers, bands, volunteers, sound engineers, and DJs)

You can sum all this up with a nice, clear Code of Conduct that sets out:
– your social policies (eg how you deal with sexual harassment)
– your industrial policies (eg whether you pay DJs, teachers, etc, and how much you pay them; how you deal with volunteers; your terms for hiring international teachers, etc etc)
– your creative policies (eg how you value choreography and credit choreographers)
– your cultural policies (eg whether you’re into historical dance and music, and how you acknowledge these sources)

I like to aim for being sustainable – culturally, economically, socially, sustainable. That means that I’m aiming for doing things in ways that let me carry on doing things for a long time. If you are screwing people over, if you can’t pay your bills, if you’re risking people’s safety, you are eventually going to implode your community, business, and scene.
I also like to aim for longer term development. I don’t just want to go dancing now, and to put new dancers on dance floors now. I want to see lindy hop music and dancing changing and growing and becoming more creatively sophisticated. Because it’s more interesting that way. And jazz is complicated. So we need to continually level up to keep up with it.

You can do a one-off party and not bother about this stuff. You can even run a bunch of parties and not bother about this stuff. But once you do start doing these things regularly (or even irregularly, but more often), you’re going to need to start thinking about best practices. Not just to stop you copping a massive fine or getting up on some sort of charge. Lindy hop is a social dance, and that means you’re working with people. Lots of them. Planning your projects effectively means you are less likely to fuck people over. And that’s my priority: to not fuck people over.