In the United States a business that plays music to customers needs a license for the compositions, and each of the four performing rights organizations licenses only its own catalogue. Playing recordings in the venue itself carries no separate recordings license.
| Who | What for | |
|---|---|---|
| ASCAP | American Society of Composers, Authors and Publishers | Public performance of compositions in its catalogue |
| BMI | Broadcast Music, Inc. | Public performance of compositions in its catalogue |
| SESAC | SESAC | Private PRO; compositions in its catalogue |
| GMR | Global Music Rights | Private, invitation only PRO; compositions in its catalogue |
A café, bar, shop or hotel that plays music to the public needs permission for the musical works (the compositions). In the US this permission comes from the performing rights organizations (PROs): ASCAP, BMI, SESAC and Global Music Rights. There is no single joint license; each PRO licenses only the works of its own members, so a venue that wants to play all commercial music typically needs several licenses.
The recordings side works differently. Under 17 U.S.C. 114(a) there is no general public performance right in sound recordings; it exists only for digital audio transmissions. A café playing recordings in store therefore owes nothing on the recording side, and there is no SoundExchange charge for in venue playback.
Some background music services for business may include PRO coverage in their package.
Each PRO sets its own rates. They depend on capacity or occupancy or square footage, the type of use (recorded music, live music, jukebox) and whether admission is charged.
No official current rate figures were confirmed in this research, so no example fee is given here. Ask each PRO for its rate card for your type of business.
Consumer plans of Spotify, Apple Music and YouTube are licensed for personal, noncommercial use under their own terms, so a private account is not a license to play music to customers. Spotify's terms grant only personal, noncommercial use of the service and its content.
A narrow exception in 17 U.S.C. 110(5)(B) lets small establishments (under 2,000 gross square feet, or under 3,750 square feet for food service and drinking places, or larger ones within the loudspeaker and TV limits) play radio and TV broadcasts without a license if no charge is made. It does not cover streaming services, CDs or playlists.
The US law position is favourable to music outside the PROs. PROs have no statutory presumption that they represent all repertoire, and each covers only its members' works. Music whose compositions are not affiliated with any PRO, or that the rights holder licenses directly, needs no PRO license.
There are caveats. PRO field investigators document the songs they hear and can sue per work, so the venue must be able to show that the works are not in any PRO catalogue. Keep the direct license agreement and track lists. Mixed playlists, or radio outside the 110(5) exception, bring the need for PRO licenses back.
Enforcement is through civil copyright suits. Statutory damages under 17 U.S.C. 504(c) are USD 750 to 30,000 per work infringed, and up to USD 150,000 per work if the infringement is wilful.
Dr.DIO Studio makes its own electronic and ambient music, no Dr.DIO track is registered with any collecting society, and the Business plan ($14.99 a month per venue, 14 days free) gives the venue a direct public playback license and a certificate for Dr.DIO music.
Because the US has no public performance right for sound recordings played in a venue, and Dr.DIO compositions are not affiliated with any PRO, a venue playing only Dr.DIO music needs no ASCAP, BMI, SESAC or GMR license for that music. Keep the certificate and your track list in case a PRO asks.
Any other music in the venue, such as radio, TV, live music or other playlists, still needs the usual licences.
This page explains the general rules as published by the societies and laws listed above, checked in October 2026. It is not legal advice; fees and rules change, so confirm with the society before you decide.
If you play music whose compositions are in their catalogues, yes. Each PRO licenses only its own members' works, so a café playing mainstream commercial music usually needs licenses from several PROs.
Not with a personal account. Spotify's terms allow only personal, noncommercial use. The small business radio exception in 17 U.S.C. 110(5)(B) does not cover streaming services.
BMI and the other PROs set rates by capacity or square footage, type of use and admission charges. No official current figure was confirmed for this guide, so ask BMI for a quote.
No. US law gives sound recordings a public performance right only for digital audio transmissions, so there is no recordings charge for playback inside the venue.
Yes, if the compositions are not affiliated with any PRO or are licensed to you directly. Keep the license and track lists, because PRO investigators can document what they hear.
PROs or publishers can sue for copyright infringement. Statutory damages are USD 750 to 30,000 per work, up to USD 150,000 per work if wilful.
