7 Licensing Questions on Playing Legal Music in Your Business
One of the biggest challenges business owners and executives face is time – there’s never enough to get it all done. We understand that researching the ins and outs of music licensing is very time-consuming (and quite confusing).
That’s why we took the time to answer some of the most common questions business owners ask about legally playing music in your business.
- Can I legally stream Spotify, Apple Music, Tidal, or Pandora playlists as background music in my business establishment?
- Is it legal to play purchased iTunes music on my iPod/iPad/iPhone, CDs, MP3s or digital files for background music?
- How can I get the licenses to play music in my business?
- If my business is licensed with one performing rights organization, do I still need to get licensed with the others?
- Are there any exceptions where I don’t have to pay a licensing fee to the PROs?
- What happens if I stream music in my store without paying for licenses?
- What’s the most cost-effective legal music solution for my business?
1. Can I legally stream Spotify, Apple Music, Tidal, or Pandora playlists as background music in my business establishment?
The simple answer is… no. In business terms, music streaming services come in two forms—B2C (Business to Consumer) and B2B (Business to Business). The music streaming services offered by companies like Spotify, Apple Music, Tidal or Pandora, are all B2C.
This means they are licensed for private, non-commercial use (perfect to use at home with your friends & family). You need a Public Performance License (PPL) to play music in public, including your customers and employees.
Don’t worry! In this article, we’ll teach you the easiest ways to obtain this license for playing music in a business.
2. Is it legal to play purchased iTunes music on my iPod/iPad/iPhone, CDs, MP3s or digital files for background music?
It is common in our digital age to be confused as to whether we own our digital content.
When you pay to download music or even movies for that matter, you are essentially purchasing a license; you are leasing the content. Furthermore, you may only play this music in a non-commercial setting. You can listen to the songs to yourself as much as you like, but it is illegal to play in public.
Playing the downloaded music in your business, however, would violate copyright law because the act is now considered a public performance. Public performances require a Public Performance License (PPL) from performing rights organizations (PROs).
3. How can I get the licenses to play music in my business?
There are four main performing rights organizations that songwriters, composers, and publishers join in the US & Canada—ASCAP (American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.), SESAC (Society of European Stage Authors and Composers), and SOCAN (The Society of Composers, Authors and Music Publishers of Canada).
You may have searched for answers to questions like these: Do I have to pay ASCAP? Do I have to pay BMI?
Yes, you must obtain a legal license to play music in public. You can do so in a number of ways, such as by using a company that pays for those public performance licenses, like Cloud Cover Music. When you, as the business owner, acquire a license for a certain PRO, you can legally play the music from only that PRO’s catalog in your business.
Acquiring these licenses can be costly and the subsequent monthly compliance reports can be time-consuming to complete and submit. To determine which license your business may need and the potential fees, navigate over to these pages:
4. If my business is licensed with one performing rights organization, do I still need to get licensed with the others?
If you’re looking to play a wider variety of popular music in your business, we highly suggest licensing with all the PROs. A music license with a performing rights organization only allows you to perform copyrighted music represented by that organization.
Many songs often have multiple songwriters, composers, and publishers, each of which may belong to a different performing rights organization. Since the creators and owners of the songs are represented by different PROs, assuring that the music you choose to play in your business is legal can get tricky! This why we recommend playing it safe by getting blanket licenses that cover all the PROs.
For example, check out the PRO licensing affiliations of Earth Wind & Fire’s “September”.
“September” has songwriters and publishers represented by both ASCAP and BMI. More recently, pop and hip hop songs are increasing in the number of credited songwriters. There can commonly be over ten different songwriters, composers, and publishers!
To see each organization’s public music repertoire and properly assess which ones you should be licensed with, visit these repertoire listing pages:
5. Are there any exceptions where I don’t have to pay a licensing fee to the PROs?
If your business is broadcasting live music, karaoke, CDs, digital files, or DVDs, then you generally have to pay to use music in your business (unless you’re covered under your music provider).
There are a few exceptions, but please take note that the following exempt businesses cannot directly charge their customers to see or hear the music originating from the radio or TV, nor can the music be transmitted beyond the business establishment. They must also be sure that the music has been licensed by their respective copyright owners or PROs.
These two types of exempt businesses are:
- Food service or drinking establishments (a restaurant, inn, bar, tavern, or any other similar place of business in which the public is being served food or drink)
- With less than 3750 gross square feet of space, or
- With 3750 gross square feet of space or more, and
- Less than 6 loudspeakers (no more than 4 loudspeakers per room) and
- Less than 4 televisions (1 per room) with a diagonal screen size greater than 55 inches.
- Other establishments (e.g. a retail store, office, etc.)
- With less than 2000 gross square feet of space, or
- With 2000 or more gross square feet of space and satisfies the same loudspeaker and television set requirements as for food service or drinking establishments (see above).
For more information, check out Section 110(5)(B).
6. What happens if I stream music in my store without paying for licenses?
We are asked this sort of question all the time: Do I have to pay ASCAP? Do I have to pay BMI?
To publicly perform copyrighted music in your business establishment, you are required to obtain permission from the copyright owner or representative (visit Copyright Law of the United States for details).
If you do not receive the proper authorization you can be held liable for damages from a minimum of $750 up to a maximum of $150,000 per song played.
Recently, for example, ASCAP filed 10 legal actions against bars and restaurants across the United States. While the average cost for these establishments to play music amounts to $2 a day, they refused to pay the fees owed to perform the copyrighted musical works of ASCAP’s songwriter, composer, and music publisher members and were sued accordingly. The full list of businesses can be found here.
Every year, BMI sues approximately half a dozen businesses in New Jersey alone for playing one of the songs in their repertoire of 8.5 million without a license. Amici III Ristorante didn’t have permission to play Rolling Stones’ Brown Sugar, Elton John’s Bennie and the Jets and Your Song, and Amy Winehouse’s You Know I’m No Good, and the restaurant was thus fined $24,000 ($6,000 per song).
Costs and resentment can quickly amount for businesses that are sued, so we highly recommend finding an economical, licensed music solution as soon as you can.
7. What’s the most cost-effective legal business music solution?
Music is vital in attracting customers and driving revenue, but we recognize the fact that most businesses work with a set (potentially limited) budget.
Many companies turn to B2B music streaming services for affordable and licensed music to stream at their business locations. Subscriptions for business music solutions will generally range from $17 – $40/mo per location and the services will normally handle the licensing paperwork on your behalf. Just to make sure you’re covered, we recommend asking your provider for letters of license verification.
Cloud Cover Music starts from $17.95/mo with access to all of our music and features. Get started with a free 14-day trial today.
Feel free to ask any more questions about legally streaming music in your business in the comments section below or via our Live Chat tool. We are here to help you learn everything you need to know to feel confident that you are legal to play music in your business.