Arts organizations and venues that present live performances use their Web sites to promote the sale of tickets and achieve other important goals relating to marketing and membership development. As is widely known, the available tools go well beyond identifying available seats and collecting credit card information. Web sites can include a digital buffet of audio and video content, photos, artwork, biographical sketches, analyses of the works presented—and more—that will enhance the online experience, increase consumer awareness and better entice visitors to fill their seats.
The process of clearing rights to present a live-on-stage performance has become familiar territory to dance, music and theater companies as well the venues in which their performances are booked (collectively “performance organizations”). But the added clearance effort that may be required before uploading material to a Web site isn’t necessarily a top priority when the material is created or acquired by the organization. The scope of licensed use for pre-existing materials—such as permission by a freelance writer to include an article in a printed program—simply may not extend to a Web site. And exploiting music for promotional purposes online has much in common with using music under most other circumstances: unseen pitfalls in a complex landscape of multiple rights and rights holders.
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