Festival Music Licensing & Royalties: Ensuring Every Performance Is Legal

Music festivals are electrifying celebrations of live performances, but behind the scenes lies a complex and crucial legal responsibility: music licensing. Festival producers often focus on booking artists, staging, and logistics, leaving music licensing and royalties as an afterthought. Ensuring every performance is legal is not just a bureaucratic hurdle – it’s essential for avoiding copyright infringements and fairly compensating the artists and songwriters whose work is being played. Ignoring this aspect can lead to hefty fines, legal battles, or even events being shut down mid-festival (protectinno.com). On the positive side, handling music licensing properly fosters goodwill with the creative community and keeps a festival’s reputation intact as a respectful, law-abiding event host.

Why Music Licensing and Royalties Matter

Legal Compliance: Playing music publicly without permission is copyright infringement, plain and simple. Laws worldwide recognise musical compositions as intellectual property, similar to books or films (festivalandeventproduction.com). Public festivals – by definition gatherings of people beyond a family or friends circle – absolutely qualify as public performances (festivalandeventproduction.com). If a festival plays a song (whether a live band cover or a DJ spinning a hit track) without the appropriate license, the event is in violation of copyright law (www.masslawblog.com). This can result in lawsuits or fines against the festival organizers. In a high-profile example, SOCAN (Canada’s performance rights society) sued the major Festival d’été de Québec in 2025 for unpaid music license fees (www.globallawtoday.com). That case highlighted how even an established, government-supported festival could face serious legal and reputational fallout for neglecting licensing duties.

Fair Compensation for Artists: Beyond legality, licensing ensures that songwriters and composers are paid royalties for their work. Festivals often pay performers for their set, but the creators of the songs performed (who might not be on stage) deserve compensation too. Performance rights organizations collect licensing fees from festivals and distribute royalties to those songwriters and publishers (www.vampr.me). This system means when a DJ drops a global hit or a band plays a beloved cover song, the original creators get their due share. Supporting this royalty system fosters goodwill with artists and the music industry at large, reinforcing the festival’s reputation as an event that respects creators’ rights.

Understanding Performance Rights and PROs

Performance Rights Organizations (PROs): Thankfully, festival producers don’t need to contact every songwriter individually for permission. Instead, they obtain blanket licenses from Performance Rights Organizations. PROs like ASCAP, BMI, SESAC, and GMR in the United States, PRS for Music in the UK, SOCAN in Canada, APRA AMCOS in Australia/New Zealand, and equivalent bodies in other countries represent songwriters and publishers (festivalandeventproduction.com) (artandmedialaw.com). These organizations administer public performance rights on behalf of their members. By securing a license from the relevant PRO(s) in your festival’s country, you get permission to play all songs in that PRO’s repertoire – which effectively covers millions of songs globally through reciprocity agreements among societies.

Blanket License Coverage: A PRO blanket license covers live performances by bands, DJs’ sets, and even background music over the PA system (www.pcma.org). One license per PRO can authorize all musical uses at the event – from the main stage headliner’s encore to the music playing between sets (www.pcma.org). Importantly, in some regions a single PRO doesn’t cover every song. For example, U.S. festivals often obtain licenses from both ASCAP and BMI (and sometimes SESAC/GMR) to cover all songwriter affiliations (www.pcma.org). By contrast, many other countries have a single PRO that covers all works by virtue of international agreements. It’s crucial to research your locale: identify which performance rights agency (or agencies) you need to deal with and understand their process.

Venue vs. Event Licensing: Don’t assume an event venue’s music license covers your festival. Typically, the event organizer is responsible for licensing their specific event (www.pcma.org). Some venues do have their own PRO licenses (common with bars or arenas), but those usually only cover incidental music when the venue itself is the host. A festival is often considered a separate entity. To be safe, always confirm with the venue and PROs who will secure the license. (Notably, in the U.S., ASCAP and BMI license events directly, whereas SESAC may license venues – if your venue isn’t already SESAC-licensed, you may need to obtain a SESAC event license or ensure coverage (festivalandeventproduction.com).)

Sound Recording Rights: Note that performance licenses from PROs cover the song compositions (lyrics and melody), not the actual sound recordings. In many countries, playing recorded music in public also requires a license for the sound recording (ensuring record labels and performing artists are paid). For example, the UK mandates a PPL license alongside the PRS license for events that use recorded tracks, and Canada’s SOCAN license is often paired with a Re:Sound tariff for recorded music. In the United States, however, there is no general public performance right for sound recordings at festivals or venues (www.masslawblog.com) – you only need to license the compositions. (Sound recording performance rights in the U.S. apply only to digital streams or broadcasts.) Always check the local requirements: if your festival will have extensive DJ sets or playback of tracks, you may need both a song license from a PRO and a recording license from the counterpart organization in your region.

Securing the Necessary Licenses: Step by Step

Obtaining music licenses for a festival may sound daunting, but it’s a straightforward process if done proactively. Here is a practical roadmap:

1. List Out Your Music Uses: Determine all the ways music will be used at your event. This includes live performances (bands, singers), DJ sets, background/ambient music on site, and any planned live streaming or recordings of performances. Knowing the scope will help identify which licenses you need.
2. Identify Required Licenses & PROs: Find out which performance rights organization(s) cover your festival location and the music you’ll feature. In many countries, one PRO (e.g., PRS in the UK, ASCAP/BMI in the US) will cover most needs. In the U.S. or other regions with multiple PROs, you might need agreements with each relevant society to cover all songs. Also check if a sound recording license (from an org like PPL, Re:Sound, etc.) is needed for playing recorded tracks.
3. Contact the Organizations Early: Reach out to the PROs well in advance of your festival. Many have online application portals for event licenses (festivalandeventproduction.com). You’ll typically provide details such as event date(s), venue location, capacity or expected attendance, whether music is live, recorded, or both, and ticket prices or if it’s free. If you’re unsure, a representative of the PRO can guide you – they are generally very helpful with first-time licensors (www.pcma.org).
4. Budget for Licensing Fees: Plan for the licensing cost in your budget. Performance license fees are usually calculated based on attendance or gross ticket revenue (festivalandeventproduction.com). For example, a PRO might charge a small percentage of your ticket sales or a flat fee per attendee. In practice this is a fraction of typical festival revenues, making it a manageable expense (www.pcma.org). (Licenses are often relatively affordable; one blanket license covers all songs, so you’re not paying per song.) Make sure to obtain licenses from all necessary PROs – e.g. both ASCAP and BMI, if applicable – so no portion of your program is unlicensed (www.pcma.org). Even small community festivals aren’t exempt, but PROs often have discounted rates or minimum fees for smaller events and nonprofit organizers, so cost should rarely be a barrier to compliance.
5. Secure the License Agreement: Once fees are paid, the PRO will issue a license or contract. Keep this documentation on file. It’s proof that your festival has the right to perform the music. In some cases, you might need to show this to venue owners or local authorities as part of event permitting, proving you’ve addressed intellectual property compliance.
6. Report Your Setlists (Post-Event): Many PROs require a list of songs performed, especially for live acts, after the event. Plan to collect setlists from bands and a tracklist or sample from DJs. This information is used by PROs to distribute royalties accurately to songwriters (www.vampr.me). For instance, SOCAN mandates detailed reporting of each performance’s songs and durations (www.globallawtoday.com). By organizing setlist collection (you can ask artists to provide their setlist as part of their advance or immediately after their show), you ensure that the right creators get paid. This also demonstrates your festival’s professionalism in compliance.
7. Address Special Cases: If your festival plans any live broadcasts, recordings, or video streams, be aware that your PRO license might not cover all aspects (more on this in the next section). Similarly, if an artist plans to perform a piece from a musical or other theatrical work, or if you intend to use music in a promotional video, you may need additional “grand rights” or sync licenses beyond the standard festival performance license (festivalandeventproduction.com). Always communicate with the rights holders or consult a music licensing expert when in doubt.

By following these steps, festival producers can secure the necessary permissions calmly and well ahead of showtime. This proactive approach prevents last-minute scrambles and ensures every song that plays at your event is there legally.

Live Bands vs. DJ Sets: Handling Royalties on Different Performances

Whether it’s a rock band belting out originals on the main stage or a late-night DJ set mixing global hits, the same licensing principle applies: you need permission for every copyrighted song performed. However, there are some practical differences in how royalties are tracked for live acts versus DJ performances:

• Live Performances (Bands, Singers): When artists perform their own original songs, those artists (if they wrote the songs) are actually among the rights holders who will receive royalties from the PRO distribution. Festivals often encourage performers to submit their setlists to their PRO (or sometimes the festival collects and submits them) so that each song’s composer can be credited and paid. For example, if a band plays a famous cover song, the original songwriter (not the band) will get the performance royalty – which is only fair. Making sure setlists are reported means that iconic songwriters behind any covers or guest appearances get what they’re owed. Many major festivals work closely with PROs to log all the songs each band plays.

• DJ Sets: DJs typically play dozens of tracks by various producers, so tracking every song can be more complex. Still, the festival’s blanket license covers all these tracks legally, and PROs have systems to handle royalty allocation. It helps if DJs can provide a tracklist of their set, especially for prominent songs or if they’re playing exclusive remixes. Some festivals and clubs use technologies like audio recognition or digital DJ software reports to identify music after the fact. The goal is to ensure that, say, when a DJ drops the latest Beyoncé or Armin van Buuren track, those songwriters and producers earn their royalties from the festival play. From the organizer’s perspective, requiring DJs to turn in their setlist (even as an exported playlist file) can be part of the post-event wrap-up. While not every DJ will be meticulous in reporting, making the effort underscores the festival’s commitment to doing the right thing.

Tip: Communicate with your performers about licensing. Let bands know you’ll be reporting their songs (so they should register any new songs with their PRO ahead of the show). Inform DJs that the event is fully licensed and they should feel free to play what they want – but you’d appreciate their tracklists to help ensure all artists get paid. This sets a professional tone and educates the talent that your festival values royalty compliance.

Music in Live Streams and Recordings

In the digital age, many festivals extend beyond the physical venue by live streaming performances or recording them for later use. While this can massively expand a festival’s reach, it also introduces additional layers of licensing complexity:

• Live Streaming a Festival: If you plan to broadcast sets in real-time on platforms like YouTube, Twitch, television, or your own website, you must ensure the music is licensed for that public transmission as well. A standard PRO license for on-site performance may not automatically cover an online audience. Often, streaming rights for compositions are handled by the same PROs but might require a separate license or rider (since it’s considered a broadcast). Make sure to inform the PRO of your streaming plans; they will advise if extra fees or licenses are needed. Moreover, for the sound recordings (especially in the U.S.), an online stream implicates digital performance rights that organizations like SoundExchange handle on behalf of record labels and artists. Many online platforms have their own music licensing arrangements – for example, YouTube has deals that usually cover composers and will monetize content for record labels via Content ID. However, as the festival organizer, do not assume everything is automatically cleared. Coordinate with your streaming platform and PROs to confirm you’re not running afoul of any rules.

• Recording Sets for Later Viewing or Release: Perhaps you want to upload a highlight reel of the festival, or release a recorded live album or concert film. This requires additional licensing beyond performance rights. If you synchronize music with video (e.g., an after-movie featuring a popular song in the soundtrack, or footage of artists performing), you need a synchronization license from the song’s publisher for each track used (festivalandeventproduction.com). If you include actual audio from a band’s performance or a DJ’s set in a video, you also need permission for the sound recording (often from the record label) – this is sometimes called a master use license. For audio-only releases (like a live album of the festival’s best performances), mechanical licenses are required for each song to reproduce and distribute the recordings. Obtaining these rights can be complex; big festivals that produce official live compilations or documentaries typically negotiate directly with music publishers and record companies for the content. If you don’t secure these permissions, you could face takedown notices or worse – one festival learned this when it faced legal trouble for sharing performance recordings without proper licenses (protectinno.com).

Best Practices: If your festival is venturing into streaming or recorded media, start planning the licensing early. Get artists’ consent for recording or streaming in your performer contracts. Consult with music rights experts or attorneys to clear any post-event content. Alternatively, you can avoid headaches by using royalty-free music in edited videos or only live-streaming certain acts that have given explicit approval. The key is to never assume that because you licensed the live performance, you can also record or webcast it freely – those are separate rights that need their own clearance.

Staying Compliant and Building Goodwill

By treating music licensing with the same seriousness as security, permitting, or logistics, festival organizers demonstrate professionalism and respect towards both the law and the artistic community. This goes a long way in building positive relationships:

• Local Authorities and Permits: When a festival shows it has all its music rights in order, it can instill confidence in local councils or permitting bodies that the event is well-run and law-abiding. While a city permit for an event may not explicitly ask for proof of music licenses, being able to provide it showcases due diligence. It prevents unpleasant surprises, such as a PRO inspector appearing on-site or sending a demand letter during your event.
• Artist and Community Relations: Musicians and songwriters talk to each other. A festival known for properly paying royalties and respecting intellectual property will gain trust in the creative community. It means a lot to artists to know that when their songs are played at your festival – even by someone else – they’ll see a royalty check afterward. This reputation can make artists more eager to participate in your events and can generate positive press. In contrast, if a festival were to get a reputation for skirting licensing (or worse, get embroiled in a public lawsuit over royalties), it could sour artists and fans alike.
• Ethical Standpoint: At its heart, securing music licenses is about valuing creative work. Festivals celebrate artistry; paying those small fees to PROs is part of honouring the creators behind the music everyone enjoys. It’s an ethical stance as much as a legal requirement, and festival producers who internalize this tend to approach licensing not as a tax or annoyance, but as an investment in the music ecosystem that sustains the festival scene.

In summary, doing music licensing right isn’t just about avoiding problems – it actively contributes to a healthier relationship with your host community, your performers, and the music industry at large.

Key Takeaways

• Never overlook music licensing. It’s a fundamental part of festival compliance – if you have live or recorded music at your event, ensure you have the proper performance licenses in place. The cost is modest, but the risk of skipping licensing is huge (fines, lawsuits, or even event stoppage).
• Work with PROs early. Identify the performance rights organization(s) relevant to your festival’s location and get in touch well ahead of time. Obtain blanket licenses that cover all songs in their catalog, which will legally cover your live bands, DJs, and background music.
• Budget for royalties. Include PRO licensing fees in your festival budget as a necessary line item. They are often calculated per attendee or as a percentage of ticket sales – a small price for legal peace of mind and supporting creators.
• Live, DJ, or streamed – it all needs clearance. Whether it’s an artist performing their own hits, a DJ mixing others’ tracks, or a live stream of your stage, make sure you’ve secured rights for that context. Live performances require performance licenses; recordings or streams may require additional mechanical, sync, or digital broadcast licenses.
• Support the creators. By licensing music properly, you’re ensuring songwriters and producers get paid for their work. This not only keeps you legal, but also builds goodwill with artists and the music community (your festival’s lifeblood). A reputation for respecting music rights will serve you well in the industry.
• When in doubt, ask. If you’re unsure about a licensing issue – say an international artist’s repertoire or a plan to film performances – consult a music licensing expert or reach out to the PRO for guidance. It’s far better to double-check than to face a copyright complaint later.

Ensuring every performance is legal might not be the flashiest part of festival production, but it is absolutely vital. With the right approach to music licensing and royalties, you protect your festival from legal troubles, treat artists fairly, and set the stage for a genuinely harmonious event.