Music Licensing: “Sued for Using Copyrighted Music in Virtual Classes: Digital Rights.”

I thought because I paid for Spotify Premium, I could use it in my Zoom classes. I was wrong. A digital rights bot flagged my recorded class on Facebook, and I received a demand letter from ASCAP/BMI for $30,000 in statutory damages for “public performance” without a sync license.

Key Takeaways

  • Personal vs. Commercial Use: Spotify/Apple Music are for personal use. Playing them in a class (revenue-generating) is copyright infringement.
  • Sync License: For recorded (on-demand) videos, you need a “Synchronization License” (syncing music to video). This is different from a public performance license.
  • Insurance Exclusion: General Liability does NOT cover Copyright Infringement related to music. It has a specific “Intellectual Property” exclusion.
  • The Fine: Statutory damages can be $750 to $150,000 per song.

The “Why”: The IP Exclusion

The Trap:
“Advertising Injury” in GL policies covers some copyright issues (like stealing a logo), but it almost always excludes “Infringement of Copyright, Patent, Trademark or Trade Secret” related to your core business services.
Using music is part of your business service. Therefore, insurance pays $0.
You are on the hook for the full $30,000.

The Investigation: Solutions (Not Insurance)

Since insurance won’t cover this, I investigated licensing solutions to prevent the lawsuit.

1. Muscle Mixes / Yes! Fitness Music

  • Solution: They sell “Pre-Cleared” music. You buy the album, it comes with the license for classes (and sometimes streaming). Safe and cheap.

2. Epidemic Sound

  • Solution: Subscription based. Good for YouTube/Instagram. Covers the Sync License.

3. ASCAP/BMI Gym License

  • Solution: This covers live music in the gym. It does NOT usually cover Zoom or pre-recorded videos. Be very careful.

[IMAGE: Comparison chart of “Spotify” vs “Commercial License” rights]

Comparison Table: Music Liability Risk

SourceLive ClassZoom/VirtualInsurance Coverage?
SpotifyIllegalIllegalNO
Commercial RadioIllegalIllegalNO
Royalty FreeLegalLegalN/A (Safe)

Step-by-Step Action Plan

  1. Stop Using Spotify: Immediately.
  2. Delete Old Videos: Take down any class with unlicensed music from Facebook/YouTube.
  3. Buy a Commercial Service: Subscribe to a service like Epidemic Sound or use royalty-free playlists.
  4. Read the Demand: If you get a letter, negotiate. They often settle for the cost of the license you should have bought, plus a penalty.

FAQ

Can I play music if I don’t record it?
You still need a Public Performance License (ASCAP/BMI) for the live stream, but the risk of detection is lower than recorded video.

Is there any insurance for this?
“Media Liability” insurance covers it, but it’s expensive ($2k+/year). Cheaper to just buy the music license.

What about “Fair Use”?
Does not apply to commercial fitness classes.

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