Among the largest PROs in the United States are the American Society of Composers, Authors and Publishers (“ASCAP”), Broadcast Music, Inc. (“BMI”), SESAC (originally, the Society of European Stage Authors and Composers).
According to § 106(4) of the Copyright Act, the owner of a copyright in musical works has the exclusive right to “perform the copyrighted work publicly.” Third parties who wish to perform copyrighted material registered with these PROs may obtain a non-exclusive license. Performance, in this case, does not only mean live performances (i.e., musicians playing songs on stage), but it also means playing recorded music, such as background music in a restaurant or dance music in a bar. After acquiring public performance rights from songwriters and publishers, the PROs grant music users the right to publicly perform the copyrighted music. The PROs collect license fees on behalf of the songwriters and music publishers and distribute them as royalties to those member copyright holders whose works have been performer.
PROs license the public performances of its members' musical works. A public performance is one that occurs either in a public place where people gather (other than a small circle of a family or social acquaintances). A public performance is also one that is transmitted to the public, for example, Radio or TV broadcasts and Streaming Music Service via the Internet.The PROs collect license fees from businesses that use music, including television and radio stations; broadcast and cable networks; new media, including the Internet and mobile technologies; satellite audio services; nightclubs, hotels, bars, restaurants , digital jukeboxes and other venues.
PROs customer licensees include: Airlines, Amusement Parks, Bars, Restaurants & Nightclubs, Colleges & Universities, Concert Presenters, Music Venues & Clubs, Convention & Trade Shows, Fitness Clubs, Hotels, Local Government Entities, Radio & Television Stations and Networks, Mobile Entertainment, Websites, Retail Stores and music users in a wide variety of other industries.