Can house concerts be considered a “public performance?” And if so, are they subject to licensing fees from ASCAP or BMI?

Citing current copyright laws, Vincent Candilora (Vice President of Licensing at ASCAP) recently spoke with members of Folk Alliance about what is considered “public performance” (i.e. what house concerts should avoid doing). Here is what his words were:

“…To perform or display a work “publicly” means - to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered;

The key words here are “persons outside of a normal circle of a family and its social acquaintances”. That is why you should make house concerts by invitation only — thereby keeping it a gathering of a family’s social aquaintances…

See also: House Concerts and PRO Fees