How to Legally Play Music at Sporting EventsHow to Legally Play Music at Sporting Events

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Is It Legal?

It is legal to play music at a sporting event as long as you have permission from the holders of the copyrights first.

Music is copyright protected by both a master use license that is for the sound recording and by a composition license covering the musical composition and lyrics.

According to U.S. copyright law, anytime music is played or performed in public, you need permission from the holder of the copyrights for this music, which is often the songwriters, composers, musicians, publishers, or record labels.

Many of these creators hire performance rights organizations (PROs) to develop contracts and accept fees. These PROs can (and do) file lawsuits if they catch organizations playing music without a license.

ASCAP, for example, published a press release in 2023 outlining 13 lawsuits they filed against bars and restaurants for playing music without a license. In the press release, ASCAP says they tried to get each establishment to obtain a license. When they wouldn’t do so, they filed the lawsuit instead.

In one such lawsuit, a restaurant owner was forced to pay $18,000 for playing music for patrons without the appropriate license. A sporting venue could be asked to pay a similar fine.

What Kind of License Do You Need?

You will need a special kind of public performance license to play or have copyrighted music performed legally at a sporting event.

You can obtain this license from one of the main PROs, such as ASCAP or BMI. Each of these organizations represents a wide range of music artists and recording labels, and contains a vast library of songs.

With ASCAP, you will need a Sports and Competitive Events license to use music within their library. With BMI, professional sports will need a Professional League Music License. If you want to use music contained in each of these libraries, you will need both licenses.

You will pay the PRO a fee directly for access to their music and the ability to play songs from artists they represent at your sporting event.

Does the Band Need a License?

Any use of copyrighted music requires a license, and many bands will have their own license to perform cover songs in public. You cannot count on this, however.

It is the responsibility of the host of the venue to have a public performance license. It is the responsibility of the business to have the license, and it is up to you to ensure that the music is being played legally.

If the band ends up not having a license, as the business hosting the event, you can be held liable for copyright infringement.

How to Get a License: A Guide

You’ve decided that your sporting event requires music. What should you do to get the right license? This step-by-step guide can help.

Here’s what to do:

Identify the scope. Do you need to play just one song (such as a warmup tune)? Or do you need a soundtrack for something like halftime?
Find your partner. Once you’ve identified your song or artist, it’s time to identify the PRO that manages the copyright. If you have a physical copy of the music (like a CD), it could be listed there. If not, you could find the song on YouTube and read the comments to find the name of the PRO.
Contact the PRO. Typical PROs include BMI, ASCAP, and SESAC. Contact the right group, and explain that you’d like to play music.
Share information. Most PROs ask for details like the size of your venue, the number of potential listeners, and how many songs you want to play. ‍
Make it formal. Sign a contract and pay a fee. Read the details of the contract carefully, so you know what songs you can play and how to do it.

If you're simply looking for a subscription-based service that will cover music for business (not live music or sporting events), the following services will cover you:

Pandora CloudCover: Play music at your business legally with plans starting as low as $16.95 per month (when prepaid annually) with a 14-day free trial.
Soundtrack Your Brand: With a vast music library for a variety of business industries, there are several different plans to choose from based on your streaming music needs.
SoundMachine: You’ll have the right license to play music in your business. You can start with a free 30-day trial. Beyond that, there are several options and plans to choose from depending on the size and scope of your business.
Mood:Media’s Pandora for Business: This company offers music solutions to businesses with an ad-free radio platform. It requires the one-time purchase of a media player and a subscription to the streaming service.
Rockbot: This service offers a wide variety of licensed songs. You can try this service for free first and then choose a plan that best serves your business.

This table can help you understand the differences between PROs and third-party companies.

	PROs (like BMI and ASCAP)	Third Parties (like Pandora CloudCover and Soundtrack Your Brand)
Cost	Varies dramatically by the number of songs you want to license and the potential size of the audience	About $20 and up
Coverage	Several coverage types are available, including those that could be used for sporting events	Designed for ambient (background) music at places like offices and restaurants
Benefits	This license could allow you to play music within a sporting venue	Lower cost and extensive libraries make this a good choice for companies hoping for background music

Common Mistakes

Many people wonder how to legally play music at sporting events. Unfortunately, many people make mistakes due to improper research. These are a few of the common errors.

Neglecting Warmup Music

Many organizations use music to help athletes prepare for the games ahead. As the National Federation of State High School Associations explains, recorded warmup music requires a license. Playing a recording is considered a public performance, and it’s not legal to play it without a license.

Avoiding Warnings

In the 1990s, BMI sued the Cincinnati Bengals for playing several songs without a license to do so. BMI explained that it had contacted the organization about getting a license and didn’t hear back. Only then did they file a suit. If you get a letter from a group like BMI or ASCAP asking for licenses, don’t ignore it.

Neglecting Rebroadcasting

Some sporting events are filmed or streamed to audiences at home. If those recordings include music, a different type of license is required. For example, ESPN was hit with a lawsuit from BMI and asked for a payment of more than $15 million. If you’re streaming, ensure that you have no music included in the stadium.