Music Licensing
Everything you need to know to play live and recorded music in your business.
Whether it’s a live band, karaoke or background music, studies show that music creates a more memorable and enjoyable experience, and drives repeat business.
However, using music in your business requires permission from the writers who created it according to federal copyright law. This is most efficiently done by licensing with Performing Rights Organizations (PROs).
PROs represent the copyrighted songs owned by songwriters, composers and music publishers. Songwriters and composers can only join one PRO to collect royalties on their behalf, and the PRO then provides blanket licenses to businesses that allow them to legally perform all the songs they represent.
Each PRO exclusively represents different writers, so if you use a range of popular music in your business, you may decide you need to get a license from the four major PROs: BMI, ASCAP, SESAC and GMR.
BMI and ASCAP are the largest PROs and collectively represent more than 90% of music performed on domestic radio and streamed online. SESAC and GMR are much smaller – collectively representing nearly all the remaining 10% of music performed on domestic radio and streaming services.
Some new PROs have recently emerged which have extremely limited catalogs of music. We recommend that you request a complete list of the songs licensed by each new PRO to help determine whether you are likely to perform any of their affiliated music.
Performing Rights Organizations
The American Society of Composers, Authors and Publishers (ASCAP) is a membership association of more than one million songwriters, composers and music publishers, and represents some of the world’s most talented music creators.
Founded and governed by songwriters, composers and publishers, it is the only performing rights organization in the U.S. that operates on a not-for-profit basis.
ASCAP licenses a repertory of over 20 million musical works to hundreds of thousands of businesses that use music, including streaming services, cable television, radio and satellite radio and brick-and-mortar businesses such as retail stores, hotels, clubs, restaurants and bars. Additional information may be found on the ASCAP website.
Find ASCAP licensing FAQs here.
Contact: Lauren Autry, Senior Director, GL Communications, lautry@ascap.com or 615-620-6654,
For more information or questions, contact GeneralLicensing@ascap.com or 1-800-505-4052.
Restaurant member benefits:
Up to 25% off initial license fees.
- 10% discount on initial license fees, just for being a Washington Hospitality Association member in good standing. This discount is not recurring.
- 10% discount for full invoice payment within 30 days, 15% for two-year payment. This applies to new license and recurring fees.
Lodging member benefits:
- 1% association discount available to hotel members through their AHLA membership.
- Read more on the AHLA website here.
BMI was founded in 1939 by forward-thinkers who wanted to represent songwriters in emerging genres, like jazz, blues and country, and protect the public performances of their music. BMI is currently the largest music performing rights organization in the U.S. and continues to nurture new talent and new music.
BMI is the bridge between songwriters and the businesses and organizations that want to play their music publicly. As a global leader in music rights management,
BMI serves as an advocate for the value of music, representing over 22.4 million musical works created and owned by more than 1.4 million songwriters, composers and music publishers. Additional information may be found on the BMI website.
To contact BMI directly, call 1-800-925-8451.
Restaurant member benefits:
- 5% association discount just for being a member
- 5% association online discount for licensing and/or paying at www.bmi.com/ede
- 10% timely payment discount
Additional discounts may be available for multiple locations.
Lodging member benefits:
- 1% association discount available to hotel members through their AHLA membership. To learn more about the BMI hotel license visit www.bmi.com/hotel.
Frequently Asked Questions
Does the purchase price of a streaming service, CDs, and tapes cover the right to play them in my business?
When you purchase a record, tape or CD, or download from an online music provider, the purchase price covers your private listening right only.
Once you decide to play these in public — such as in a restaurant, bar, café or telephone music-on-hold service — it becomes an additional performance of the music, which is known as a “public performance.”
The copyright owners of musical works have the exclusive right of public performance. Therefore, any public performance by others requires permission.
Who is responsible for public performance fees in musicians are playing?
This applies even if musicians hired by management are independent contractors, or if musicians ignore specific instructions on what music can or cannot be played.
It is the owner’s business that is being enhanced by live music.
I only use music that is played on the radio or television. Do I need a license for that?
Yes, under certain circumstances. However, some exemptions do exist:
- Establishments under 3,750 gross feet (not including the parking lot) are exempt.
- Establishments over 3,750 (not including the parking lot) may be exempt if:
- They play no more than four televisions, each measuring up to 55” diagonally (no more than one per room), with no more than six speakers total, and with no more than four speakers per room, or
- They play radios that have no more than six speakers total, with no more than four speakers per room.
Do I need more than one license for my music performing rights?
How do PROs work?
A Performing Rights Organizations (PRO) represents the copyrighted songs owned by songwriters, composers and music publishers. Songwriters and composers can only join one PRO to collect royalties on their behalf, and the PRO then provides blanket licenses to businesses that allow them to legally perform all the songs they represent. Each PRO exclusively represents different writers, so if you use a range of popular music in your business, you may decide you need to get a license from each of the four major PROs: BMI, ASCAP, SESAC and GMR.
BMI and ASCAP are the largest PROs and collectively represent more than 90% of music performed on domestic radio and streamed online. SESAC and GMR are much smaller – collectively representing nearly all the remaining 10% of music performed on domestic radio and streaming services.
Some new PROs have recently emerged which have extremely limited catalogs of music. We recommend that you request a complete list of the songs licensed by each new PRO to help determine whether you are likely to perform any of their affiliated music.
Music Licensing Inquiry
Would you like to speak with one of our industry experts about music licensing for your business?
Fill out the form below or email musiclicensing@wahospitality.org and a representative will reach out to you.
Ken Wells
Director of Business Development
360-246-4475
Email Ken