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After I began teaching yoga in 2008, I’d literally map out my entire sequence, pose by pose, to sync with the crescendo of the songs on my playlist. Later, once I taught upwards of three classes a day, I made certain I had access to multiple playlists in any respect times. (Heaven forbid someone might take my class twice and listen to a song repeated!)
MP3 players were the modus operandi back then for taking part in digital music. (The primary generation of iPods fall into this category.) I had no qualms about receiving music files from friends or downloading music without spending a dime from YouTube.
It was only in the previous couple of years that I became aware that playing music in public classes was legally questionable. The primary time I used to be informed of it took place during a Zoom staff meeting for certainly one of the studios where I teach. One other teacher asked if we could record our livestream classes to supply on-demand on the studio’s website, and a manager casually mentioned, “Well, you really need a license to play music in public classes. Recording it might just be memorializing it.”
My initial response was, “Forget you, Big Music!” I mean, who will ever know?
But days later, I kept desirous about it. In researching copyright law, I learned that you simply do need a license to play music in a public setting. I had never purchased one before or been told I needed to, and based on how my manager answered the teacher’s query, I noticed that the studios I taught for likely hadn’t either.
Suddenly the rebellious teenager inside me became scared that she could have been doing something very improper for a really very long time. Was it stealing if I’m paying for the streaming services I exploit? Or if the local artists approve of my playing their music? Is it my fault as a person teacher for not paying licensing fees? Or is that the responsibility of yoga studios? Who, exactly, is breaking the law? And where is the road?
What music copyright law states
Yoga teacher Alexandria Crow recurrently shares posts on social media intended to spark conversation in addition to critical pondering amongst her followers. Though she’s accustomed to reactivity, even she was baffled by the pushback to a recent post she wrote explaining that playing music in yoga classes may very well be a violation of copyright law and produce a high quality of $150,000 per song.
(Photo: Alexandria Crow)
Her followers, lots of them yoga teachers, were outraged. Some accused her of being unnecessarily “negative” and “divisive.” Others announced that they were unfollowing her. “People’s reactions were so extreme,” says Crow.
Despite many commenters’ shock and dismay and others’ complete dismissal of the post, Crow’s assertions are accurate. Playing music in a setting where persons are paying to attend when you could have not purchased a license from the record label or performing right organization (PRO) that owns the music may be a violation of the law. So no, you won’t be fined for taking part in your Spotify playlist at a ceremonial dinner, as one commenter clapped back. But in case you charge people to attend, then legally you would like a license.
Harold Papineau, Esq., of the renowned entertainment law firm, King, Holmes, Paterno & Soriano, LLP, explains that there are various degrees of infringement. “Statutory damages can range anywhere from $750 to $30,000 per infringement for non-willful copyright infringement, or as much as $150,000 for willful copyright infringement,” says Papineau. Non-willful generally implies that the teacher or studio violated copyright law without knowing they were, whereas willful implies an awareness.
Though most yoga teachers should not aware of copyright laws, Papineau hypothesizes that playing music without permission in any business setting, comparable to a yoga studio, “would likely be considered willful” by the courts. He says the probability of a teacher being fined the utmost amount is low, although a high quality of any amount is feasible.
Should you are recording yoga classes and sharing them through your website, Instagram Live, or YouTube, the violation could also be much more complex. In these cases, Papineau explains, “you not only have a public performance issue, but additionally have a synchronization issue.” Synchronization is the agreement between the copyright owners and the business or instructor that the music might be saved in perpetuity in video form. (Hence the studio manager’s quip about memorializing the violation.)
So as to ethically play copyrighted music in a category that’s recorded and played later, he advises, you’d should go to the publisher of every song and request a license. This takes time and the publisher could deny the request.
What music copyright law means for teachers and musicians
Even after being made aware of those laws, many yoga teachers have still not deleted their Spotify app. Some feel entitled to play whatever music they like because they pay for the usage of a streaming service. They might not realize that Spotify’s “Terms and Conditions” explicitly state that the service “is just for private, non-commercial use.” These same terms apply for many streaming services, including Apple Music and Pandora.
A preferred vinyasa teacher who asked to not be named feels that playing music in school gives the artists and record labels “free marketing.” Of their perspective, it isn’t stealing but slightly an exchange.
When made aware of the potential violation, one other teacher said that she may start announcing that she doesn’t own the music she is about to play. But she didn’t indicate that she planned to alter anything about her approach to music.
A 3rd teacher was surprised to listen to that she could also be harming musicians. She frequents indie rock and pop shows and had only been met with positivity when she told the musicians that she relied on their music in her classes.
Independent artist Egeman Sanli confirms that he’s honored when he hears his music in public classes. Word of mouth is critical for Sanli, who has been recording music for nearly fifteen years. People often find him and his music after asking their teacher a few song of his that was played during class or by following teachers who share their playlists.
However the number of people that have tracked him down through these methods are nominal in comparison with those that have benefited from practicing to his music. Many students don’t think to ask the teacher who played what song. (Think how over and over you’ve left your mat after Savasana wondering a few certain track). Also, not every teacher shares their playlists. Although the music created by the musician as art and livelihood is being shared and enjoyed, the artist in this case rarely advantages from it.
Sanli mentions that the royalties he receives from streaming services and Spotify are “abysmal.” He encourages teachers and studios to “champion your local artists,” reminding people to share about artists they like and tag them on social media.
Though small, licensing royalty checks still make a difference for musicians. A musician commenting on Crow’s post writes, “That royalty check is an enormous deal. The few hundred bucks you get actually means quite a bit. So yeah…License for the little guys please. It makes a difference.”
Sanli wishes there have been higher systems in place to make sure artists were paid, but he feels as if he “doesn’t have every other options” for getting his music on the market without spending money on promoting, which might be quite pricey for somebody who isn’t getting cash on their music in the primary place. It may possibly be a vicious cycle for independent artists.
Performers aren’t the one ones affected by copyright violations. The American Society of Composers, Authors and Publishers (ASCAP), a performance rights organization which numbers greater than 875,000 members, reminds fitness facilities and individual instructors of this through the FAQs on their website: “The songwriter is usually not the identical person because the recording artist who recorded the song.”
The likelihood of a record label showing as much as a small studio with a bill seems unlikely. Although a widely known East Coast yoga studio (which might’t be named for legal reasons) once received a cease-and-desist letter related to the playing of music.
The best way to legally play music in your yoga classes
There are other avenues so that you can proceed playing music in your classes that don’t involve violating laws or ethics.
1. Get a license
Papineau advises securing a license from any of the various performing rights organizations comparable to ASCAP, Broadcast Music, Inc. (BMI), Global Music Rights (GMR), and The Society of Composers, Authors, and Music Publishers of Canada (SOCAN). Licenses allow you unlimited access to every organization’s catalog of music. ASCAP has a complete section on their site dedicated to licensing for dance studios and fitness facilities. This can also be what most restaurants, bars, and nightclubs do.
The fee of those licenses seems to differ from $250 to $2000 per 12 months, depending on quite a lot of aspects, comparable to the square footage of your online business and variety of participants. The ASCAP website states that licenses can “cost lower than a bottle of water a day.”
(Photo: Austin Prock)
2. Pay musicians to play live
One in all yoga teacher Schuyler Grant’s motivations behind co-creating the Wanderlust festivals was to marry the worlds of music and yoga. She was“taken with the intersection between music and yoga, particularly as a method to lead pranayama,” or breathwork, says Grant. When she and her husband, Jeff Krasno, still ran the festivals, many classes would feature live musicians playing alongside the teachers. Grant has continued to make use of that model for in-person classes at the assorted studios she has run.
Remember that there must be compensation for live musicians. Some artists will play in exchange for taking classes at a studio. Sanli often deals with the studio to barter his fee, though if he’s playing at an event, like a retreat, he’ll negotiate with the teacher directly.
3. Depend on royalty-free music
Let’s be honest: Plenty of royalty-free music might be tinny and monotonous. The songs just don’t appear to hit in the identical way as playing Beyoncé’s latest single during Surya Namaskar A (Sun Salutations). Artists like Kevin Macleod are changing that. Macleod “doesn’t imagine within the possessive nature of the copyright system.” Through his website incompetech, the composer shares a wide selection of music entirely free.
Pixabay is one other well-known royalty free site, where you’ll be able to seek for music not unlike the way you seek for stock images. There are an abundance of options in case you Google “royalty free music.”
4. Use a subscription service
The Yoga Alliance website has “A Crash Course in Yoga Music Licensing” page which explains that a subscription service, like SiriusXM Music for Business, “offers music with a license for public performance.” Nevertheless, the SiriusXM site gives mixed messages on the subject. On the Music for Business page, it clearly states that licensing is “covered and paid for as a part of your subscription,” but individually of their FAQs they state that companies still need a license.As a substitute, YogiTunes is a completely licensed, free trade site.
Individual artists and DJs have also begun to share their libraries as subscription services. Tazdeen Rashid, or DJ Taz Rashid as he is thought within the yoga and festival worlds, has a library of 800 songs. “I desired to create a straightforward and really inexpensive platform with lots of of tracks perfect for yoga, meditation, mindfulness practices, and fitness programs,” explains Rashid.
His motivation was to permit individual yoga teachers and small yoga studios to incorporate quality music yet still monetize their offerings. The fees vary for individual teachers versus studios.
5. Share your playlist and ask students to listen on their very own
If you’re teaching online, have students play their very own streaming services from their very own devices at home. Many yoga teachers share the playlist with students before class after which count down before everyone hits play so everyone seems to be in sync. This also provides an option for college students preferring no music (or their very own music) to practice in an environment to their liking. I once had a student tell me she kept certainly one of my old playlists handy because she liked it higher than any of my current ones.
6. Buy music directly from artists
Some artists offer links and QR codes where you’ll be able to access their music directly. This supports musicians directly and might be appealing to those that are proof against pay for a license because they’re unclear who is admittedly benefiting from the fee. Nevertheless, it is normally unclear if buying the music directly includes rights to play the music in a business setting. When it’s unclear, ask the artist for permission.
Additional takeaways for yoga teachers
Along with potentially violating United States copyright law, playing music in school without consent from the artist, songwriter, or copyright owner is also considered a violation of the yamas, that are the moral tenets of yoga. Initially is ahimsa, to not harm. It’s closely followed by asteya, which loosely translates as not stealing. Not to say satya, which inspires us to be truthful, and aparigraha, which inspires us to not be greedy.
Many yoga teachers admitted, off the record, that additionally they intend to proceed streaming music of their classes, even after being made aware of the impact that playing music illegally can have on artists and performing rights organizations. Perhaps it’s a bit like jaywalking? People know the legal ramifications and potential harm, but there appears to be an unspoken assumption that in certain circumstances, it is appropriate.
But in point of fact, it’s more like using a plastic straw. One straw here and there may not appear to do much harm, just as one or two teachers playing music without paying for the rights may not appear to be too damaging. But when all of us do it, then the entire ecosystem is affected.
I’m undecided what path I’ll take once I return to leading group classes. Nevertheless it’s a relief to know there may be a wide selection of options for ethically and legally playing music, because I can inform you one thing for certain, I won’t stop playing music in my classes.
About our contributor
Sarah Ezrin is an writer, world-renowned yoga educator, popular Instagram influencer, and mama based within the San Francisco Bay Area. Her willingness to be unabashedly honest and vulnerable along together with her innate wisdom make her writing, yoga classes, and social media great sources of healing and inner peace for many individuals. Sarah is changing the world, teaching self-love one person at a time. She can also be the writer of The Yoga of Parenting. You’ll be able to follow her on Instagram at @sarahezrinyoga and TikTok at @sarahezrin.