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Copyright Infringement and the Funeral Industry

Fifty years ago, the music used at a funeral home service and at memorial services was limited to the available talents of an organist or pianist or a vocalist. More elaborate funeral services might use larger musical groups such as string quartets or even small woodwind or brass ensembles. Rarely did funeral directors think about whether they were following the strict regulations of copyright infringement law, because typically the music was being played by actual human beings instead of on a recording. And more often than not, the funeral music selected was religious or spiritual in nature rather than secular.

The introduction of new technology and the boom of the recording industry has brought forth hundreds of thousands of pieces of recorded funeral music, both secular and spiritual. Modern funeral industry professionals at the request of families are often asked to choose more progressive and complex music that previously that fits the many different types available and fully captures the personality and life of the deceased. The music chosen for modern day celebrations of life express not only the decedent's spiritual convictions, but often even more importantly the values of the life he/she lived. Funeral directors continue to individualize services and choose more secular music to truly reflect the uniqueness of the individual that has passed. While the availability of unlimited pieces of funeral music for the funeral industry has improved the quality and appropriateness of funeral services, it has made the process of selecting the perfect funeral music for unique memorial services and funerals much more time-consuming and expensive for loved ones and particularly funeral home directors that must pay exorbitant fees to avoid committing copyright infringement.

Developed in 1984, United States Copyright Law required funeral homes to be licensed in order to play music published by the large music providers such as ASCAP and BMI at all services. While this copyright infringement law made it initially difficult for many funeral homes, the National Funeral Directors Association (NFDA) made things easier by establishing a group licensing program for U.S. funeral homes and other establishments within the funeral industry that would cover royalties for all the major music providers.

While the NFDA's program to help with the costs of many types of funeral music improved the burden of licensing a bit, many funeral home professionals still find themselves paying thousands of dollars per month to use certain types of music, both secular and religious, at their services. Since the license from the NFDA must be obtained for any funeral music used within the funeral home, funeral homes also must front the cost of all background music piped into the home as well as for music on-hold for their telephone systems, and this can certainly prove to be costly, which raises costs for grieving families and can make the death of a loved one even more difficult and expensive than it already is without worrying about the music for either the memorial service or the funeral.

To help ease the process of creating and maintaining a large enough music library to represent the vast range of musical tastes and personalities involved in the funeral industry, many funeral home professionals are seeking other lower-cost options that will not force them to compromise on the quality of the more expensive funeral music and will still help them adhere to copyright infringement law. Buyout music is one such option, and companies such as Royalty Free Music off such services

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