If customers can hear music at your business (live bands, DJs, playlists, streaming, karaoke, etc.), you may need public performance licenses.

• List your music uses: live, DJ, background playlists, TV, radio, streaming, karaoke, events.
• Know the difference: “buying music” (Spotify/CDs) is not the same as licensing public performance.
• Start with PROs: ASCAP, BMI, SESAC, and (for some catalogs) GMR.
• Check narrow exemptions: some businesses may qualify for limited radio/TV exemptions only.

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 (not exhaustive):

• Background music (playlists, streaming, CDs, digital files)
• DJs or live bands performing copyrighted songs
• Karaoke and dance nights
• Music in fitness classes or retail spaces
• Music 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 facts of the situation. The safest approach is to confirm what licenses you need and keep them current.

Important: Some businesses may qualify for a limited exemption for certain radio/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 (simplified, confirm details):

• No direct charge to see/hear the transmission (e.g., admission, cover, membership fee tied to the broadcast).
• Square footage thresholds differ for (1) food/drinking establishments and (2) other businesses.
• If over the square footage threshold, there are limits on number of TVs, TV size, and number of speakers.

Use this as a starting point

• Read the statute and confirm applicability to your exact setup.
• If you don’t clearly qualify, plan on licensing your public performances.

Most businesses start with Performing Rights Organizations (PROs). A license from a PRO typically covers public performance of the musical works in that PRO’s catalog. Many venues obtain more than one PRO license, depending on their use and repertoire.

Quick notes

• Live bands / DJs: The venue/establishment is commonly responsible for licensing, even if you hire performers.
• One license ≠ all music: Each organization represents different catalogs.
• Keep documentation: Save agreements, invoices, and contacts.

Major licensing starting points

• ASCAP: License finder for business types and forms.
• BMI: Business licensing portal + contact options.
• SESAC: Licensing support and FAQs.
• GMR: Obtain a license by business type (for certain catalogs).

Digital streaming/webcasting note

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

Depending on your setup, there may be alternatives that can simplify licensing — but you should confirm what they cover (and what they don’t) before relying on them.

Jukebox licensing

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

Commercial background music services

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

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

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.

Official starting points

• U.S. Copyright Office (Title 17): copyright.gov/title17
• ASCAP licensing: License Finder
• BMI licensing: bmi.com/licensing
• SESAC licensing support: sesac.com/licensing-support
• GMR licensing: Obtain a license
• SoundExchange (digital service providers): Service Provider portal
• Jukebox License Office: jukeboxlicense.org