Do Royalties Accrue for Artists When Their Songs Are Sung by Fans? A Case Study with Laura Branigan and 'Gloria'

When Laura Branigan died, there were plenty of tributes, but one particular tribute was unique: fans of the St. Louis Blues sang her hit song "Gloria" during the Stanley Cup Final. This raises an interesting question: do artists like Laura Branigan receive any form of monetary reward when fans or groups of people publicly perform their songs in venues such as sports stadiums?

The Case of Laura Branigan and "Gloria"

Laura Branigan, an American singer and songwriter who is no longer with us, is often mistakenly credited as the composer of "Gloria." The truth is, she was not the songwriter; rather, the song was written by Alan Lancaster and Rebeca DeSario. When the St. Louis Blues fans sang "Gloria" during the Stanley Cup Final, it sparked a question about whether the artist herself receives payment for public performances of her music.

Copyright Law and Royalties

The question of royalties for artists is rooted in copyright law. In most countries, including the United States, a song becomes a copyrighted work the moment it is fixed in a tangible form. This means that when a song is recorded, written, or even simply sung, it is protected under copyright. The copyright holder, typically the songwriter, has the exclusive right to reproduce, distribute, and perform the song in public.

In the case of a public performance of a song, such as the fans singing "Gloria" during the Stanley Cup game, the performance is likely covered under a public performance license, which involves paying royalties. These royalties are paid to the copyright holders (songwriters, composer, publishers, and record labels) by the venue where the performance takes place. Therefore, the payment is not made directly to the original singer of the song, but to the copyright holders.

Public Performances and Royalties

During a public performance, whether in a sports stadium, concert hall, or any other venue, the performance is typically covered under a blanket license obtained by the venue. This license covers the performance of all songs in its library. The owners of the songs (often the copyright holders) receive a fair share of the revenue generated through public performance fees. This is why Rick Astley, for example, did not receive a significant windfall from the brief rickrolled phenomenon in 2007. The revenue from those online prank videos was minimal, and the payment directly went to the copyright holders, not to the performing individual.

What Happens to an Artist's Royalties After Their Death?

When an artist passes away, any uncollected royalties typically become part of their estate. However, the collection of royalties usually involves copyright administrators or musical societies (such as ASCAP, BMI, or SESAC in the United States), which manage the performance rights and ensure that royalties are distributed fairly. If the copyright holders (in this case, Alan Lancaster and Rebeca DeSario) are still alive or their estates are managed, they would receive the royalties for public performances, including scenarios like the St. Louis Blues fans singing "Gloria."

Conclusion

When a song like "Gloria" is sung by fans in a specific event, such as during a Stanley Cup Final, the payment for the performance rights goes to the copyright holders and not directly to the original artist. Laura Branigan, who was not the composer of the song, would have received her royalties while she was alive, and any uncollected royalties usually become part of her estate after her passing. The concept of royalties and public performances is complex, but it is rooted in the protection provided by copyright law.

References and Further Reading

For those interested in learning more about royalties, public performances, and copyright law, further reading on the below resources could be enlightening:

ASCAP's Guide to Music Licensing BMI's Course on Public Performance Rights SESAC's Overview of Performance Rights

Understanding these topics can help shine a light on the intricacies of the music industry and the rights of artists.