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Music Webcasting Licenses Q&A

A rapidly growing number of funeral homes are now offering webcasting services to the families they serve. While this technology allows friends and family from around the country the wonderful opportunity to “virtually attend” the funeral (whether live or recorded), it also places the funeral home in potential violation of federal copyright laws when copyrighted music is broadcast as part of the services.

In response to this issue, NFDA has collaborated with the three music licensing organizations, BMI, ASCAP and SESAC, to create a special “funeral webcasting license” for those funeral homes offering this service so they will be in compliance. Just as with the funeral home music license, NFDA has negotiated a special discounted rate that covers all songs in the BMI, ASCAP and SESAC libraries. This is the only group webcasting license available to funeral homes in the market. This will enable funeral homes to legally broadcast funeral services that include copyrighted music over the internet. Below NFDA addresses questions regarding this new license.

During these challenging times, when federal, state and local guidance and/or mandates are limiting the size of visitations and funerals, webcasting or livestreaming a funeral can be an excellent way for those who cannot be physically present at a service to still partake in the event, 

NFDA offers a webcasting license that covers the copyrighted music in the ASCAP, BMI and SESAC catalogs. It covers services broadcast via funeral webcasting software, as well as other livestreaming platforms like Facebook, YouTube, Zoom, Vimeo and Skype. 

If you do not currently have a NFDA funeral webcasting license, click here for more information and to purchase one. 

NFDA offers sample legal forms that give authorization for funeral homes to webcast funeral services and direction to record funeral services.

Download the Complete Legal Packet for Streaming or Posting Recorded Funeral Services

NFDA Recommendation: Do Not Use Facebook or YouTube to Livestream Funerals or to Post Recordings of Funerals

Facebook and YouTube have entered into lawsuit settlements with music companies that prevent them from allowing some copyrighted music to be played over their systems. The blocking and muting is done by algorithms. Even though a member has a webcasting license to stream the music in their funeral over the web, Facebook and YouTube will mute it. If the user continues to stream the copyrighted music over their systems, eventually they will block the user from using the system. 

NFDA worked on this issue several weeks ago and was unable to get Facebook to engineer a change. They claimed they were precluded from doing so because of the prior settlement agreements. NFDA advises members use their own websites, or other streaming tools such as Zoom, Vimeo, or other commercial services, which do not have these copyright issues, to stream funerals.NFDA has been notified of the “muting” problem that funeral homes are experiencing when streaming funerals over Facebook. We have been in contact with a BMI representative who explains that several years ago Facebook entered into agreements with song producers to resolve copyright infringement claims. These agreements require Facebook to mute streamings that are broadcast over the Facebook platform if the streaming includes music belonging to the songwriters. He further explained that BMI, ASCAP and SESAC are not parties to these agreements and have no way to modify them. In addition, Facebook cannot modify them unilaterally. So, unfortunately, there is no way to solve the muting problems with Facebook.

In addition to webcasting vendors (find a list here), here are a few articles with alternatives for livestreaming: 

The music license that NFDA has offered for over 20 years allows music to be performed at funeral services. That license covers the performance of music (live or recorded) that is played at any funeral service, whether at the funeral home or at another facility. The only requirement is that the music be performed in connection with some type of funeral or memorial service or ceremony.

While the music license covers performance, it does not allow a funeral home to broadcast musical performances over the internet. A different license is required to webcast music. Therefore, funeral homes that offer funeral webcasting services are violating copyright laws when they broadcast over the internet any funeral services that contain copyrighted music.

It allows a funeral home to legally webcast any funeral service or ceremony that contains copyrighted music. The webcast can be live or a recording of a funeral that has already taken place. The only restrictions are that the music must be performed in connection with a funeral or memorial service and that it may only be available through the funeral home’s website. The funeral home will have to list its website on the webcasting music license application.

The webcasting music license covers each website, rather than location. If all of your locations utilize one website, you only need one webcasting license.

No. The funeral home may price the webcasting services in any way it wishes. It can give away the service for free, charge a fee for recording, charge a fee for webcasting or even charge a fee for hosting the recording on the website. It cannot, however, offer to sell copies of the funeral service recording to the public from the website.

Any funeral home that is a member of NFDA, a FAMIC organization or state association is eligible to purchase the NFDA music license and the new webcasting license option. The fee for the webcasting option is $61 per year and will cover webcasting services from January 1, 2024 through December 31, 2024. The webcasting license is not part of the regular music license, but is an optional add-on purchase.

Yes. However, it would cost the funeral home hundreds of dollars to do so. NFDA was able to negotiate a fee that is a fraction of what other companies pay for a webcasting license.

No. There is no limit. The fee covers as many funeral services as your funeral home wants to webcast.

No. Your funeral home can still purchase it by completing the license application.