18 Comments

1. 

   mr.wilsoncycles on February 17, 2011 at 10:07 am

   How will the new laws effect big box gyms (and smaller ones,
   privately owned ones) and all their instructors? – not just the instructors who teach “spinning” or indoor cycling?
   Will the instructors have to absorb some of the costs?

2. 

   Barry on February 17, 2011 at 10:14 am

   Wow, thanks for arranging for this interview.

   There are lots and lots of questions out there, I’m sure. But one question that I have is the following: Are there any indoor cycle studios or fitness faucilities in the United States currently in litigation with the “music industry” over the issue of unlicensed music?

3. 

   FlyWheelerDave on February 17, 2011 at 12:00 pm

   I compile my playlists in iTunes then mix them using Mix Meister into a single audio file (.mmp). Since participants pay for the class to the facility, can I burn and hand out this single audio file to students at no charge? Or is this putting the facility at risk?

4. 

   Rudy Fenner on February 17, 2011 at 12:28 pm

   Thanks in advance. First please point me to any book or website that could be used as a reference for in club uses of licensed music. Second, for one who is planing to create their own Indoor Cycle products for sale is the only option for music use rights to seek permission from writes owning Muisc Publishers? Is there any known central group or individual that serves as a clearing hous for such request?

5. 

   TaraH on February 17, 2011 at 1:12 pm

   Are there any different (legal, ethical) considerations for instructors who are considered “independent contractors” of their facility v. an employee of the facility?

6. 

   Cristina on February 17, 2011 at 2:37 pm

   Unfortunately, due to this new regulations, at our gym we use the music paid by the club and is so boring the songs are not played by the original artists, riders are leaving the class, or texting, yawning and since the CD is ready for you, you dont have the chance to prepare your ride and can’t take the CD with you to listen it. No longer you will see those waiting lines to get in the spinning class.
   “The music is the soul of the class”

7. 

   Gino on February 17, 2011 at 3:40 pm

   If an instructor creates their own “mix” on Mix Meister or other music software, is that a violation of the artist or publisher’s copyright? If one violates a copyright, is it a civil offence, or a criminal offense. Are we talking fines or jail time.

8. 

   Jennifer Sage on February 17, 2011 at 5:39 pm

   @Cristina, let me guess. The club you work at is LAF?! Ugh, my heart goes out to you. I’d shoot myself. Here’s hoping it won’t go any further than that…

9. 

   Cristina on February 17, 2011 at 7:50 pm

   If they going to be hard on us, Why Night Clubs still playing music and they dont pay any special license, when I heard this regulation was going pass, I decided to take a DJ class, and i ask if they have this problem? The Instructor said he never heard of any licensing or fees

10. 

    AlexandraFunFit on February 17, 2011 at 9:28 pm

    Thanks everyone for these great questions. I can answer some of them; maybe not all. I’ll do my best. For now what I want to know is – are you all speaking just about the U.S. or are any of you Canadians? If you are Canadian, it is different. And if you are from somewhere else altogether, it is different again!
    I am looking forward to the interview in the morning.

11. 

    Roberto on February 17, 2011 at 11:14 pm

    Yes Canadians want to know more about it thanks

12. 

    Tim Graham on February 18, 2011 at 12:08 am

    I think Australia is further down the road than most other countries, and is probably a good general case study for what might happen elsewhere.

    While there are different copy right laws in different countries, it is generally the same in principle. The music industry is represented by Perform Right Organizations around the world which are all affiliated.

    I think a good way to approach it would be to explain what the common principles are, and that gives people the luanch pad to get advice in their own country. In other words, they know what to ask about.

    Examples:

    1) The difference in copyright ownership in original works and in sound recordings.

    2) The differences between altering works, mechanicals, format shifting, communicating and publicly performing music.

    3) The difference between physical CD music and most digital download services, and their terms of use.

    etc. etc.

13. 

    Jackie on February 18, 2011 at 6:54 pm

    I missed the interview! Is there a link?

    Why can’t health clubs by a license from a company like BMI like restauarnts? They are not expensive and it covers you legally.

14. 

    Julie Peebles Peterson on February 18, 2011 at 10:54 pm

    My understanding is that 24 Hour has licensing insurance in place now. Can you confirm? What about the use of Pandora? If WE, as instructors pay for the Pandora service, will this cover us? And would it cover the gym as well? Meaning, if all instructors used Pandora music, would it be feasible to use and covered as licensed material?

15. 

    mr.wilsoncycles on February 21, 2011 at 3:13 am

    This is such an interesting yet worrisome topic.

    Cristina – I feel really bad for you and everybody at your current workplace/gym/location;(Instructors and members alike).

    What is ‘licensing insurance’?

    I read the article in the IDEA magazine about Australia implementing this new regulation. If this law/regulation takes effect here,the current fees to cover the costs for a gym/business would go up possibly ten fold; from 2,300dollars/yr to 23,000dollars/yr.

16. 

    AlexandraFunFit on February 22, 2011 at 8:05 pm

    The interview isn’t up yet, so you haven’t missed it. As to Pandora, no matter how or where you get your music, you or your club must have a performance license. In the US it has to come from BMI or ASCAP. If you use music you got from Pandora in your class, it’s considered a public performance.
    For now, the Australian ruling has been put on hold and sent back for review. So the increase has NOT started being phased in. In Canada, the ruling by the Copyright Board has not yet come down, so Tariff 6 is still under advisement. The FIC (in Canada) is negotiating with ReSound about a) the implementation of a tariff in Canada for both background and group fitness music. Indoor Cycling would be affected. The tariff will probably eventually be implemented; the question is how much and will it be retroactive to 2008? FIC (Canada) has had a lot of support from Paul Norris (LA Fitness) so those of you who are frustrated, please be aware that they are trying to work on your behalf.
    The US is a different “animal” as we don’t have the neighboring rights that 89 other countries do, so in the US it’s a matter of licensing either covers (royalty-free) or original artists (very expensive & time-consuming).
    For now, ALL countries are the same as they were – you need a license (what type depends on where you are). But…..the clubs are paying the fees for now most of the time.
    Those of you who are making your own playlists – at some point you or your club may (and probably will) have to pay more than is currently being paid. And the cost for original artists (not covers) will probably be prohibitive to the point where you will not wish to do it (or your clubs won’t allow it). Hope that helps. It’s an extremely complex issue as each country is different and in different places legally.

17. 

    John on February 23, 2011 at 11:33 am

    I hope to have Alexandra’s interview up this weekend 🙂

18. 

    JFry on February 23, 2011 at 9:13 pm

    DJ’s in most clubs are to have a license to play music (playlist), but a good majority of them find loopholes in order to perform them. A Spin instructor is almost like a DJ on an Indoor Cycle. I think a lot of this comes from customers paying for a service which plays music. The entertainment business looks at it like this: You play our music and people pay to hear it and no cut is given to the artist. It would be like renting out a movie and charging your customers to watch it while you make the money and the company who made the movie didn’t get one cent from it. I am a Musical Artist myself and knowing studios are using my music and money is involved I might want a little cut of it myself, UNLESS I give that Studio or Instructor free use of my music. Majority of Instructors “trade” music all the time which means a lot of music people get for FREE and the Artist gets nothing. I pay for a song on itunes and pass it along to 20 instructors for free and the Artist/label got nothing. Like the old NAPSTER website did business. Sometimes I could care less if Instructors use my music for the pure enjoyment of knowing people like to workout to it, but if they want to use it for other media then a contract needs to happen. In my opinion, I feel Spin Instructors should be able to NOT PAY anything while using a Playlist because customers are paying for Instructions and not to listen to music, but again, the Spin world would not work without music right? I think the Loophole should be customers are paying for a service of training and Instructors like to play music for a class.

    I also think as another loophole are Independent Artist who give their music away for free as downloads. Those are the Artists who are not asking for money and just want their music to be heard. Popular Artist who have labels are the ones looking to get a cut these days.

    -Jon

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