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Music in Venues

A practical guide to when you may need music licenses. Rules can vary by how you use music, so use this as a checklist and confirm details with a qualified attorney or licensing representative.

Quick Start

If customers can hear music at your business, including live bands, DJs, playlists, streaming, karaoke, or similar uses, you may need public performance licenses.

  • List your music uses: live music, DJs, background playlists, television, radio, streaming, karaoke, and events.
  • Know the difference: buying music or paying for a consumer streaming subscription is not the same as obtaining permission for public performance.
  • Start with performing rights organizations: ASCAP, BMI, SESAC, and, for some catalogs, Global Music Rights.
  • Check narrow exemptions: some businesses may qualify for limited radio or television exemptions.

U.S. Copyright Law - Title 17

Do I Need a License to Play Music in My Establishment?

Often, yes. Buying a CD, downloading an MP3, or paying for a consumer streaming subscription typically gives you the right to listen privately, not to play music publicly in a business.

Common examples that may require licensing include:

  • Background music, including playlists, streaming, CDs, or digital files
  • DJs or live bands performing copyrighted songs
  • Karaoke and dance nights
  • Music in fitness classes or retail spaces
  • Music used as part of ticketed events

What Happens if I Don’t License?

Unlicensed public performance can lead to claims and legal costs. Copyright law provides for potential monetary damages, and outcomes depend on the facts of the situation. The safest approach is to confirm what licenses you need and keep them current.

17 U.S.C. §504 - Damages Title 17 - PDF

Radio/TV Exemption

Important: Some businesses may qualify for a limited exemption for certain radio or television transmissions. This is a narrow rule and generally does not cover CDs, MP3s, streaming audio, DJs, live bands, or other music uses.

Common eligibility factors include:

  • No direct charge to see or hear the transmission, such as admission, a cover charge, or a membership fee tied to the broadcast.
  • Square footage thresholds differ for food and drinking establishments and other types of businesses.
  • If the business exceeds the applicable square footage threshold, limitations may apply to the number of televisions, television size, and number of speakers.

Use this information as a starting point. Review the statute and confirm whether the exemption applies to your exact setup. If you do not clearly qualify, plan on obtaining the appropriate public performance licenses.

17 U.S.C. §110 - Exemptions Fairness Act Excerpt

Get Licensed

Most businesses start with performing rights organizations. A license from a PRO typically covers public performance of the musical works in that organization’s catalog. Many venues obtain more than one PRO license, depending on their music use and repertoire.

Quick Notes

  • Live bands and DJs: the venue or establishment is commonly responsible for licensing, even when performers are hired.
  • One license does not cover all music: each organization represents different catalogs.
  • Keep documentation: retain agreements, invoices, and licensing contacts.

Major Licensing Starting Points

  • ASCAP: license finder for different business types.
  • BMI: business licensing portal and contact options.
  • SESAC: licensing support and FAQs.
  • Global Music Rights: licensing options for certain catalogs.

ASCAP: License Finder BMI: Licensing SESAC: Licensing Support GMR: Obtain a License

Digital Streaming and Webcasting

If you operate a non-interactive digital music service, such as radio-style webcasting, you may also need to address sound recording performance royalties. SoundExchange provides educational resources for certain statutory licensing pathways for eligible services.

SoundExchange: Licensing 101 SoundExchange: Service Providers

Alternatives

Depending on your setup, there may be alternatives that can simplify licensing. Confirm exactly what each option covers, and what it does not, before relying on it.

Jukebox Licensing

If you operate a qualifying jukebox, the Jukebox License Office offers a license designed for certain jukebox uses. Confirm whether your device qualifies and what the license covers.

Jukebox License Office JLO: Q&A

Commercial Background Music Services

Some business-focused music services bundle licensing and provide curated playlists, scheduling tools, and branding options. If you explore these services, verify in writing which uses, such as in-venue playback, events, or multiple locations, are covered.

  • Ask for a plain-language summary of which music uses are covered and excluded.
  • Confirm whether you still need separate PRO licenses for live music, DJs, or special events.

Official Links & Disclaimer

Official Starting Points

Title 17 ASCAP BMI SESAC

Disclaimer

This information is provided for general educational purposes only and is not legal advice. Requirements vary by business model, location, and music use. Consult a qualified attorney and/or licensing representative for guidance specific to your situation.