What is "commercial use" of sheet music?

[bicinium]

Does it pertain only to the sale of the written material, or also to performances that utilize it? In case of the latter, what overlap is there with the performance restricted licenses? I can't find any information about this.

[Carolus]

Not all performing rights societies recognize the Creative Commons licenses, though some do. The definition of a commercial performance varies as well. In the USA, the rule is that performance fees are due as long as anyone connected with the performance is paid, with the sole exception being performances taking place as part of a religious service. Thus, even performances taking place in music schools are eligible for the fees as the faculty, staff and physical plant workers are paid.

[Sallen112]

Physical plant workers?!

[bicinium]

Not all performing rights societies recognize the Creative Commons licenses, though some do. The definition of a commercial performance varies as well. In the USA, the rule is that performance fees are due as long as anyone connected with the performance is paid, with the sole exception being performances taking place as part of a religious service. Thus, even performances taking place in music schools are eligible for the fees as the faculty, staff and physical plant workers are paid.

Thanks for the reply. So putting CC BY-NC on an urtext edition of a PD work does indeed restrict commercial performances? But to make this enforceable, you need a performance rights organization? Is that right?

[Carolus]

In the US, the whole question of critical editions remains unchallenged in court, even though (as explained on our copyright pages) it's unlikely they would meet the "threshold of originality" established in Feist vs. Rural. Performance rights societies do not collect on performances or broadcasts of editions of any kind in the US, and only collect on well-known arrangements.