Document Type: FAQ
For: Organizers and venues with questions about ASCAP, BMI, SESAC
Disclaimer: This document is for informational purposes only and does not constitute legal advice. Make Music Vermont is not responsible for how individual locations choose to handle PRO licensing. Each venue and organizer should make their own informed decisions and consult a legal professional if needed.
Quick Answer
Do Make Music Vermont events need PRO licenses?
Generally, no — and PROs (ASCAP, BMI, SESAC) haven't pursued Make Music Day chapters about this.
Situation | What to Do |
Venue already has PRO license | No additional action needed |
Artist plays only originals or public domain | No PRO issue |
Artist plays covers at unlicensed location | Low risk, but suggest originals if venue is concerned |
PRO contacts you | Consult with Make Music Vermont/Alliance for guidance |
Important: Avoid proactively contacting PROs. Once you put yourself on their radar, they tend to keep focus on you. They generally take an "out of sight, out of mind" approach to community events like Make Music Day.
Key Points
1. Each event is organized by its participants, not a central body
All Make Music Vermont events are technically put on by the artists and hosting locations themselves. PROs aren't going to track down hundreds of individuals for one-off, hour-long performances.
2. The practical reality
The Make Music Alliance tried coordinating national blanket licenses with BMI, and BMI ultimately waived the requirement entirely after realizing the logistical complexity.
If a Venue or Business Is Concerned
- Check for an existing license — Many cafés, restaurants, and venues already have PRO licensing for background music. If so, they're covered.
- Suggest originals or public domain — If an artist plays only original songs or music no longer under copyright (traditional folk, classical, etc.), there's no PRO concern at all.
- Reach out for guidance — Contact the Make Music Vermont statewide coordinator or the Make Music Alliance. Other chapters have navigated this successfully.
Deep Dive: Background & Context
How It Works in France
In France, where Make Music Day originated, the performing rights organization SACEM waives royalty collection for June 21st, specifically for free concerts where musicians are not being paid. (If musicians are paid, SACEM still wants payment too.)
SACEM views this as a promotional opportunity — it reminds venues that they're expected to pay royalties the other 364 days of the year.
The US Situation
From the beginning, Make Music organizers have tried to get a similar arrangement with ASCAP, but they've never agreed to it. As a result, the situation has been informal.
What most chapters do: Treat this as a non-issue, reasoning that:
- Performances at established venues are likely already covered by existing licenses
- Amateur musicians playing one song on a sidewalk aren't going to be pursued
- The decentralized nature makes enforcement impractical
The track record: Of 50+ Make Music chapters in the US, ASCAP has contacted organizers of only two about royalty payments — both very small cities in the Midwest. So this hasn't been a real problem.
Make Music New York's Experience
MMNY decided to be proactive and work with ASCAP "by the book." But ASCAP had a hard time figuring out the appropriate license fee.
The complexity:
- 400 locations × $20 minimum = $8,000... but many already have licenses
- Many musicians only play originals or public domain
- Audience numbers are unknown
After much back-and-forth, MMNY ended up paying $200-$300 per year — an affordable amount.
Key Takeaway
This is largely a theoretical concern rather than a practical one. PROs have generally recognized that Make Music Day doesn't fit neatly into standard licensing frameworks and have not pursued enforcement.