Legal Question in Entertainment Law in Georgia

Re: Copyright Fees

Assuming you mean that she purchases sheet music (as anyone can do in a music store), it does not necessarily follow that she, or anyone else, can give public performances of the music. They are two separate issues. She can see a qualified lawyer for a more appropriate response based on all facts, or to get the legal authority concerning the issue.

Re: Copyright Fees

Legal authority for this is at Title 17 of the United States Code. (The Copyright Act).

If a work is protected by copyright, (which most all works created since the very early 20th century are), then the owner of the copyright has the exclusive right to make or distribute copies of the work, to make derivative works, and to display or PERFORM the work in public.

The performance right is, therefore separate from the right to make copies. Merely purchasing a printed copy does not automatically confer the right to perform the work.

Unless the performance occurs in a "Dramatic" context (i.e., as part of a play or musical), the Performing Rights are administered by one of the societies such as ASCAP, BMI or SESAC (here in the U.S.) Catalog information for each is maintained on their respective websites.

These entities have relatively straightforward licensing systems in place for concerts and revues. The orchrestra will need to pay a small fee based on the audience size, etc.

It may also be possible to obtain a 'blanket' license on a yearly basis, which will cover all of the orchestra's performances. This then, becomes just another of the annual budget items for the group.

Finally, since you mentioned that the Orchestra doesn't get paid, I want to address a common theme... The question of whether the Orchestra makes any money from the performances is not really relevant. The copyright is PROPERTY, and the owner is entitled to be paid when it's used... regardless of the nature of that use.