Almost any music customers can hear in your venue counts as a public performance under U.S. law. Here is what that means, which exemptions are real, and how to get covered without overpaying.
If you run a café, a salon, a shop or a restaurant in the United States, the short answer is yes: in most cases you need permission to play music where customers can hear it. The good news is that getting covered is not complicated once you know who owns what and which exemptions actually exist. This guide walks through the rules in plain English and ends with a checklist you can use today.
This article is general information, not legal advice. If you have received a demand letter or your setup is unusual, talk to a copyright attorney.
What counts as a public performance
U.S. copyright law gives songwriters and music publishers the exclusive right to perform their work publicly. The Copyright Act defines performing "publicly" as performing at a place open to the public, or anywhere a substantial number of people outside a normal circle of family and friends are gathered. A dining room, a sales floor, a gym or a waiting room all fit that description.
The source of the music does not change the answer. A live band, a DJ, a playlist on a phone, a CD, a radio in the corner and a TV above the bar are all ways of performing music. If customers can hear it, assume it counts.
Two copyrights in every song you play
Every recorded song involves two separate works:
- The composition: the melody and lyrics, owned by songwriters and music publishers.
- The sound recording: the specific recorded version, owned by a label or the artist.
In U.S. law, the public performance right for sound recordings is limited to digital audio transmissions. For a café or a shop, that means the practical question is almost always about the compositions, and that is where license invoices come from.
Who issues the licenses
Songwriters and publishers usually join a performing rights organization, or PRO. A PRO sells blanket licenses to businesses: you pay an annual fee and can play anything in that organization's repertoire as often as you like. The four major PROs in the U.S. are:
- ASCAP (American Society of Composers, Authors and Publishers)
- BMI (Broadcast Music, Inc.)
- SESAC
- GMR (Global Music Rights)
The catch is that each one licenses only its own catalog. BMI says so plainly on its licensing pages: a license from another PRO does not cover BMI music. Mainstream playlists mix songs from several organizations, and many songs are co-written by members of different PROs, so a venue playing popular music often ends up needing more than one license.
Being sure you are fully covered has also become harder. In its 2025 inquiry into performing rights organizations, the U.S. Copyright Office noted that the number of PROs has grown and that not all of them publish complete information about the works they license. In September 2025, ASCAP, BMI, SESAC and GMR announced that Songview, a shared ownership database, would expand to include GMR and SESAC works, which should make repertoire checks easier over time.
The small-business exemption, and why it is narrower than people think
You may have heard that small restaurants can play the radio for free. There is a real exemption in section 110(5) of the Copyright Act, expanded to its current form by the Fairness in Music Licensing Act of 1998. It is narrower than its reputation.
The business exemption in section 110(5)(B) covers only music from a broadcast by an FCC-licensed radio or TV station (and, for TV, cable or satellite). It does not cover streaming apps, CDs, downloaded files or your own playlists. Within that limit:
- A food service or drinking establishment under 3,750 gross square feet qualifies. A larger one qualifies only if it stays within the equipment limits below.
- Other businesses, such as shops, qualify under 2,000 gross square feet, or above that size within the same equipment limits.
- The equipment limits for audio are no more than 6 loudspeakers in total and no more than 4 in any one room or adjoining outdoor space. For TVs: no more than 4 sets, no more than 1 per room, and no screen larger than 55 inches diagonally.
- There can be no direct charge to see or hear the broadcast, it cannot be retransmitted beyond your premises, and the broadcast itself must be licensed.
Gross square feet means the entire interior plus any adjoining outdoor space used to serve customers, such as a patio, but not space used only for parking. You can read the full wording in the Cornell Legal Information Institute's copy of section 110.
There is also an older "homestyle" exemption in section 110(5)(A). It is limited to a single receiving apparatus of a kind commonly used in private homes, so a multi-speaker sound system is unlikely to qualify.
Who is responsible: the business, not the band
ASCAP's position is that everyone who takes part in or is responsible for a performance is legally responsible, which is why licenses are issued to venues rather than to each musician or DJ. BMI's fitness-club FAQ makes the same point about instructors: the business benefits from the music, so the business is responsible even when the instructors are independent contractors. A DJ who says "I'm covered" does not move the obligation off your premises.
What happens if you ignore it
In practice, PROs contact businesses they believe are playing their members' music and offer a license. If a dispute reaches court, the Copyright Act allows statutory damages of $750 to $30,000 per work infringed, and up to $150,000 per work when the infringement is found to be willful (17 U.S.C. section 504(c)). That is counted per song, which is why a few unlicensed nights can become expensive.
Your practical options
Whatever you choose, a personal streaming account is not a legitimate source for a business. Spotify, Apple Music and YouTube all limit their consumer services to personal, non-commercial use. With that ruled out, most venues pick one of these routes:
- License through the PROs and play music from a source that allows business use. You pay each PRO whose repertoire you play.
- Subscribe to a business music service that includes licensing. BMI notes that commercial services typically include a BMI license, but only for the music the service itself provides. TVs, live bands, DJs and personal playlists are not covered by the service's license.
- Use a catalog that does not involve PROs at all. If every track is original music owned by the provider and not registered with any PRO, there is nothing for a PRO to license. WeavyAudio works this way: the catalog is original and owned by WeavyAudio, and a subscription includes a license to publicly perform it at your registered location, as set out in our Terms of Service.
- Combine them. Many venues use a PRO-free catalog for all-day background music and keep a PRO license only for live-music nights or TVs.
A 10-minute music audit for your venue
Walk through your space and write down every source of sound customers can hear:
- Ceiling or wall speakers, and whatever feeds them
- TVs with the sound on, including in waiting areas
- Radio, satellite radio or streaming apps on staff phones
- Live music, open mics, karaoke or DJ nights
- Fitness or dance classes held on site
- Patios and the speakers that serve them
- Music on hold on your phone line, which is a separate use to check with your phone provider
Next to each source, note who provides it and which license covers it. Every blank is an item on your to-do list.
Then ask which sources you actually need. Many owners find that one properly licensed background source, plus a clear house rule such as "no personal phones on the house speakers," removes most of the risk and most of the paperwork. If you want to hear whether an original catalog suits your room, you can browse WeavyAudio by genre and mood before you commit.
When you are ready, you can start a free trial of WeavyAudio; every active subscription comes with a downloadable license certificate for your location.
FAQ
Can I play the radio in my small shop without a license?
Possibly. If you play an over-the-air broadcast from an FCC-licensed station, charge nothing to hear it and stay within the size or equipment limits in section 110(5)(B), the exemption can apply. It does not cover streaming apps or your own playlists.
Does a Spotify Premium account cover my business?
No. Spotify's terms limit use to personal, non-commercial listening, and its support pages say you cannot play it publicly in a business. Apple Music and YouTube have similar limits.
Do I need licenses from all four PROs?
You need a license for the repertoire you actually play. With mainstream music that is hard to predict, because songs are split across organizations. That uncertainty is why many venues either license broadly or use a catalog that does not involve PROs.
If I use a PRO-free catalog, can a PRO still contact me?
Yes. A PRO cannot know what you play until you show them. Keep your subscription records and license certificate so you can document where your music comes from.
Does WeavyAudio cover live bands or TVs?
No. Our license covers the WeavyAudio catalog played at your registered location. Live performances, TV audio and any other music source need their own licensing.