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This article is Part Two of a two-part article. Part One appeared in our January 2021 issue.
Performance Royalties
Detection technology for musical compositions lacks sophistication in connection with livestreaming. As such, because a livestream show is a public performance, the technology issue makes it quite impossible to pay composers and publishers their earned performance royalties. Accordingly, certain performing rights organizations have expanded their setlist submission process, which was typically reserved for live performances with an audience, to accommodate livestreams. According to Billboard, ASCAP offers this feature through ASCAP Onstage, so songwriters affiliated with ASCAP may submit their livestream setlists, including covers, if any, through the portal, and the relevant writers and publishers for the songs performed will receive performance royalties. SESAC also offers a similar program to its writer affiliates. SOCAN, the Canadian performing rights organization has developed its own livestreaming payout program. A Facebook/Instagram livestream show may be eligible to generate a total of CAD $150, with that amount being split amongst the rightsholders of the musical compositions. To be eligible, the livestream show must be at least 30 minutes long, or consist of 10 songs, while having been viewed by at least 100 people (which can be shown via a screenshot).
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