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.

Since the live musical performance takes place on your premises, you have the responsibility. 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.

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 if they play radios that have no more than six speakers total, with no more than four speakers per room.

There are four performing rights organizations in the U.S. If you play music from any of these organizations, then you must have separate licenses with one or any of them; or, you need to get the permission from the individual copyright owners whose works they represent.

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 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.