Music FAQs

The information contained in this website is provided by USA Cheer for informational purposes only and should not be construed as legal advice on any matter.

Updated August 2021

The USA CHEER has developed an educational initiative to provide music producers, coaches and professional members and athletes and spirit leaders with the information needed to help all groups understand U.S. copyright laws regarding music usage as part of performances, routines, competitions, school events, camps,
etc. These laws were designed to protect artists, promote creativity and ensure that artists are compensated for their creations. Our educational initiative was developed out of respect for all artists and to protect our members and all those involved in routines, competitions and performances of any kind in which music is used.

The information provided here is meant to provide awareness of and education about music copyright law. However, this information and our music guidelines should not be construed as legal advice. If you have specific questions or concerns related to copyright laws, we encourage you to speak with a music or copyright attorney.

All recordings mixed together in cheer and dance routines should be properly licensed and written confirmation of such license should be available upon request. You can use recordings that you purchase from providers who provide written confirmation of proper licensing or original compositions created or commissioned by you (i.e. an original song and recording to which you own or license the rights by written agreement). Under U.S. copyright law, no teams are permitted to create a re-mix, mash-up or medley without proper written authorization from the copyright owners.

However, if teams and coaches wish to only use a single song in their routine, they may bring a legally purchased (from iTunes, Amazon, etc.) copy of that recording to be used at the applicable event. Teams may not re-mix these recordings in any way (such as adding sound effects, changing tempo or mixing with any other recordings), but you may make minor edits for timing purposes only (for example, removing a chorus or bridge to fit the duration of the team’s performance).

Remember:

  1. Do not use mash-ups, either created by you or sold by music providers using music without proper licensing.
  2. Do not download songs from sites that do not have properly licensed music.
  3. Do not copy or distribute to others a recording you have legally purchased.
  4. Licenses/Permissions must be in writing (or via e-mail) and must be from all copyright owners.
  5. If you request a license and you get no response, this does NOT mean you have permission.

Copyright protection is granted to the authors of any “original works of authorship” including musical and other
creative works. Under U.S. copyright law, a “bundle of rights” is granted exclusively to each artist/creator for
their work. This bundle of rights includes the right to copy, distribute, publicly perform, set choreography, and make modifications
such as remixes or mash-ups to their work. Only the copyright owners or those authorized by the copyright
owners may exercise these rights. Anyone who exercises any of these rights in a musical composition, sound
recording or both without written permission from ALL applicable copyright owners is in violation of U.S.
copyright law. Each violation can incur up to a $150,000 penalty per use.

US Copyright laws apply any time music is not being used for personal use. Purchasing a legal copy of a song
(e.g., Apple, CD, Amazon download, etc.) only grants the user private, personal use of the music. Personal use
is purchasing a legal copy of a song (e.g., iTunes, CD, Amazon download, etc.) which only grants the user private,
personal use of the music. If you purchase a recording, that alone does not give you the right to make additional
copies or mix the recording with other recordings for any other purpose—including use at school functions or
other public performances. Personal use gives you the right to listen to the song, but does not give you any
other rights in the bundle of rights to that piece of music, which is why the music should not be copied, modified
(such as a remix or mashup) or used in a public place without additional consent.

Under U.S. copyright law, your team or school can be sued or fined up to $150,000 per occurrence of using
music for which you do not have the appropriate permission.

Purchasing a legal copy of a song (e.g., CD, online purchase/download, etc.) only grants you the private, personal use of the music, not the right to make additional copies or mix the recording with other recordings for any other purpose—including use at school functions or other public performances. Under U.S. copyright laws, you cannot mix, edit or use music that you do not have copyright usage for during any kind of public performance.

The band director and principal on school letterhead. They need to grant the right to put choreography to the music, make copies of the music, perform a routine in public, and grant the event producer the ability to play the music in a venue. In addition, if the routine is to be streamed or broadcast, they need to grant the broadcast rights.

This only applies to original fight song music. If the music is actually from someone else, which is often the case with school fight songs, then rights must also be acquired from the owners of the original work.

No. Just like with single song purchases, rights must still be acquired to choreograph, make copies, perform, stream, etc.

Please understand that music copyright involves legal issues and we cannot administer legal advice. Therefore, we cannot provide any “clearance” or “approval” of music or music providers.

We have published a directory of music providers who have signed agreements that they understand and will follow music copyright laws and provide the necessary rights to use music in cheer and dance.

We have also provided this FAQ and links to sources to help provide education regarding music copyright issues. These resources can be found at usacheer.org/music

If you are using music at an event, the event producer is the entity that will determine what, if any, documentation needs to be provided to them.

Please direct all questions regarding allowed licensing and documentation to your event producer.

You will need to contact your music producer to see what rights were given to you with the track and see if you are still able to use at your new school. In most cases, music is licensed for a specific team and for a specific period of time.

Coaches are responsible for ensuring the music used by their teams for any public performance and all competitions follow U.S. copyright law. Teams can be liable for violations with fines up to $150,000 per occurrence, under U.S. copyright law. More information to help understand U.S. copyright laws and the new USA CHEER guidelines can be found HERE.

In accordance with the updated guidelines based on U.S. copyright law, the use of music applies for any instance in which there is a competition or performance (local or national level). Both the team members and the individual event producers may be liable for copyright infringement with fines up to $150,000 per occurrence.

Event producers should not make any copies of the recordings submitted by each team and event producers should ensure that public performance licenses are secured for all venues.

You will need to work with your coach and teams to use music that does not violate US copyright laws. You and your team can also create/compose your own music, or work with a group that creates and composes original music meaning that such group would own the recording, composition and all related rights for that piece of music. If you choose either of those options, the group who created/composed the music must license or assign to you all necessary rights and provide you with documentation that can be shared with the event producer. You can also buy songs from individual musicians who compose original content and assign you any necessary rights to use the music.

Music editors do not need to be on our music provider list, but coaches/teams may ONLY edit their music (or use an editor to edit) if they licensed music from a company that included the right to remix, or if the coach/team otherwise obtained written permission to edit the music from all applicable copyright owners. Additionally, teams and editors should only incorporate sound effects and voiceovers that they create on their own or are properly licensed.

 

 

When recordings and compositions are completely original:

  • All elements in the recordings, including instrumentation and vocal performances, are owned or controlled by the music provider. If any elements are not owned or controlled by the music provider, the music provider must obtain the appropriate licenses from the applicable copyright owners to edit, re‐arrange or otherwise alter such works to create a new work for your team.
  • If teams want to create their own re‐mix or otherwise edit any music licensed from a provider of original music, their license agreement with such provider of original music must also specifically include this right to edit, re‐arrange or otherwise alter works.

Unlicensed samples may not be used in routine music.

No unauthorized third party recordings may be used in any way in the new recordings without a proper license. “Sampling” a series of words or beats from any recording is not permitted unless an appropriate written sampling license was obtained.

Music providers generally allow a team to make a certain number of copies of the recordings for this purpose. This should be detailed in your agreement with your music provider.

A mechanical license fee may need to be paid to reproduce copyrighted musical compositions on CDs, records, downloads, etc. If the music provider does not own or control the underlying musical composition, they will need to obtain a mechanical license to make copies of each recording. The number of copies needed should be discussed and agreed to in writing. The music provider is responsible for obtaining the mechanical license and paying any royalties for each copy made – this includes the copy provided upon your initial purchase of the recording, any subsequent recordings in which they are incorporated, and any additional copies that will be distributed to cheer team members or coaches.

The Music Provider Directory is the current list of music producers who have signed agreements which include representations that they will follow music copyright law.

Regardless of whether or not a music company is on this list, it is still the responsibility of the team and music provider to obtain the proper licensing for the intended use of the music provided.

Appearance in this directory does not in any way suggest any vetting by USA Cheer or preference for any music producer. Music producers who are not on this list may still provide music legally for cheer or dance routines.

USA Cheer does not audit any of the music producers on this list in connection with their representations, and disclaims any responsibility for the actions or inactions of any of the companies on this list. Be aware that the use of any recordings without the proper licenses from the owners of the recordings and the owners of all the publishing rights, regardless of who sells that music, may be prohibited by law.

As an end user of music, it is important that you understand music copyright law and know the limits of any licensing agreements undertaken with your music producers.

Further, it is vital that schools, gyms, coaches, or event producers properly screen anyone coming in direct contact with athletes and make them aware of the athlete protection policies.

If your company is interested in being listed in the Music Provider Directory, please contact USA Cheer at info@usacheer.org.