NMHC/NAA, with assistance from Winstead PC, published an analysis of federal copyright law and music licensing issues to provide guidance on apartment community fitness centers and movie rooms.
According to the review by copyright law expert Professor David Nimmer, a public performance license for music is not required for exercise equipment in an apartment community fitness room that is open to residents and their invited guests when the televisions attached to each machine are positioned for a single user and the unit’s sound is only audible through earphones. Nimmer further concludes that a public performance license is not required for wall-mounted televisions in an apartment community fitness room when closed captioning is in use and the audio function is disabled.
Nimmer’s analysis, based on fact-specific hypothetical scenarios common to rental apartment communities, builds on NMHC’s previous guidance by Cydney A. Tune which covers potential music licensing obligations in various areas of an apartment community including reception areas, lobbies and foyers, and pools and fitness facilities.
More news and resources on music licensing can be found here.
- Multifamily Industry and Congress Urge DOJ Not to Upend Music Licensing Market
- NMHC/NAA Consent Decree Letter to U.S. Department of Justice
- Music Copyright and Licensing Addressed by Congress
- Public Performance Analysis for Apartment Communities: Fitness Centers and Movie Rooms
- Managing Risks: What We Learned at OPTECH