Is a Live Performance Copyrighted? What You Need to Know About Streaming Concerts

When you stream a live concert online, who actually owns that performance? Is it the band? The venue? The person filming it? Or does the audience? The answer isn’t simple-and if you’re a musician, a streamer, or even a fan sharing clips, you need to know the rules.

Live performances are protected, but not the way you think

A live concert isn’t automatically copyrighted just because it happened. Copyright doesn’t protect the act of performing-it protects the original creative work that’s being performed. That means the song itself, the lyrics, the melody, and the arrangement are copyrighted. But the way the band plays it live? That’s a different story.

Under U.S. copyright law (17 U.S.C. § 102), musical compositions are protected. So if a band plays "Bohemian Rhapsody," the copyright belongs to Queen’s songwriters. But if the drummer adds a new fill, the guitarist improvises a solo, or the singer changes the phrasing-that’s a live interpretation. That version isn’t automatically copyrighted unless it’s fixed in a tangible form, like a recording.

Here’s the key: live performances are protected under performance rights, not copyright. In the U.S., performers have rights under the Sound Recording Act and the Copyright Act’s Section 1101, which gives them control over unauthorized fixation and distribution of their live shows. That means if someone records your concert and uploads it without permission, you can take legal action-even if you didn’t write the songs.

Streaming a concert? You need more than just a camera

Many artists stream their shows on Instagram, YouTube, or Twitch. But streaming isn’t just sharing a video. It’s distributing a performance that includes copyrighted material. Even if you’re the artist, you can’t legally stream a cover song without a license.

Platforms like YouTube have automated systems that detect copyrighted music. If you stream a live version of a Taylor Swift song, YouTube’s Content ID system may mute your stream, block it, or run ads on it-and the revenue goes to the copyright holder. That’s not a glitch. It’s the law.

For original songs? You’re safer. But you still need permission from the venue, the sound engineers, and sometimes the lighting crew if they contributed creative elements. In New Zealand, the Copyright Act 1994 gives performers exclusive rights to authorize recording and broadcasting of their live performances. That includes digital streaming.

Real example: In 2023, a small indie band in Wellington streamed their gig at The Kings Arms. They played three covers. Within 48 hours, their stream was taken down by YouTube. They didn’t get a warning. No notice. Just gone. They didn’t know they needed a mechanical license for each cover song. That’s how common this mistake is.

Who owns the recording of a live show?

If a fan films your concert on their phone, who owns that video? The fan owns the physical recording-the file on their phone. But they don’t own the performance inside it. You, as the performer, own the rights to the live rendition. The venue may also have rules. Many venues require you to sign agreements that give them rights to record and use footage for promotional purposes.

So if you’re the artist: you control whether that fan’s video can be shared. You can ask them to take it down. You can even sue if it’s used commercially. But if you’re the fan? You can’t legally post it without permission from the performer and the copyright holder of the songs.

There’s one exception: fair use. In the U.S., short clips used for commentary, criticism, or education might qualify. But streaming a full concert? That’s not fair use. It’s distribution. And distribution without permission is infringement.

What about official live streams?

Big artists like Coldplay or Taylor Swift stream concerts through official channels. How do they do it legally? They have teams of lawyers, licensing agencies, and contracts in place.

They secure:

• Performance rights from collecting societies (like APRA AMCOS in New Zealand or ASCAP/BMI in the U.S.)
• Master recording rights from their record label
• Sync licenses if visuals or graphics are added
• Consent from all performers, including backup singers and session musicians

Even then, they often limit the stream to certain regions or time windows. A global live stream of a concert requires dozens of licenses across different countries. That’s why most small acts don’t stream full concerts-they post 60-second clips.

What happens if you stream without permission?

Most people think the worst that happens is a takedown. That’s not true.

Under the Digital Millennium Copyright Act (DMCA) and similar laws in New Zealand and the EU, you can be sued for statutory damages. In the U.S., that’s $750 to $150,000 per work infringed. If you stream a 10-song set with 3 covers, you could be liable for up to $450,000-even if you didn’t make a cent from it.

Platforms don’t protect you. YouTube won’t pay your legal fees. Instagram won’t defend you in court. You’re on your own.

There’s also reputational damage. Bands get blacklisted by venues. Promoters refuse to book you. Labels drop you. Streaming platforms ban your account. One mistake can end your career.

How to stream live music legally

It’s not impossible. Here’s how to do it right:

1. Play only your original songs. No covers unless you have a license.
2. Get a performance license from your country’s collecting society. In New Zealand, that’s APRA AMCOS. In the U.S., it’s ASCAP, BMI, or SESAC.
3. If you’re using a platform like Twitch or YouTube, check if they have blanket agreements with licensing bodies. YouTube has deals with some publishers, but not all.
4. Get written permission from everyone on stage-band members, dancers, opening acts.
5. Don’t stream if you’re at a venue that prohibits recording. Many clubs have this rule in their contract.
6. Use royalty-free background music if you’re doing a DJ set or ambient stream.

There are affordable options. Services like Lickd and Songtradr offer licensed music for streamers for as little as $10 per song. For original music, register your songs with APRA AMCOS or your local equivalent. That way, if someone else streams your music, you get paid.

What about fan-made live clips?

Most artists don’t go after fans. Why? Because fans are their biggest supporters. But that doesn’t mean it’s legal.

Some bands encourage fan footage. They’ll say: "Feel free to record, just don’t sell it." That’s a policy, not a license. Legally, they’re still violating copyright if they don’t have the rights to the songs.

Some artists, like Phish and the Grateful Dead, have long-standing policies allowing taping. But even they have rules: no professional gear, no commercial use, no uploading full shows. They’ve built their business around this-by selling official recordings, not letting fans do it freely.

If you’re a fan: don’t assume it’s okay. Ask. If you get a yes, get it in writing. If you’re a band: be clear. Put your policy on your website. Don’t leave it to guesswork.

Why this matters now more than ever

Live streaming is booming. In 2025, over 60% of independent artists in New Zealand and Australia streamed at least one live show. But only 12% had the proper licenses. That’s a ticking time bomb.

Record labels and publishers are getting smarter. They’re using AI to scan platforms for unlicensed streams. Automated systems now detect not just the music, but the tempo, the vocal tone, even the crowd noise to match live performances to registered songs.

If you’re streaming, you’re not just sharing music. You’re handling intellectual property. And that comes with responsibility.

Final takeaway: Respect the music, protect yourself

Live music is powerful. But it’s also protected by layers of law. Whether you’re the artist, the fan, or the streamer, ignorance won’t save you. Copyright isn’t about stopping creativity-it’s about making sure creators get paid for their work.

Stream with permission. License what you use. Ask before you post. The music industry isn’t out to get you. But if you ignore the rules, you’ll find yourself on the wrong side of them.