And even if you’ve bought the record or paid for the streaming service, it’s only intended for personal use and nothing more. Even clubs that hire DJs need a license and pay royalties to the people who own the tracks. So, if you’re planning to play music for your customers at your local business—it is best to do it legally by purchasing royalty-free music for commercial use.
Can I play music in my restaurant or cafe? Yes, if you have permission for the music you play. In the US that means a public performance license from each performing rights organization whose songs you use, such as ASCAP, BMI, SESAC and GMR. In the UK it is usually one licence, TheMusicLicence from PPL PRS. A personal streaming account is not enough: Spotify says it can’t be played publicly in bars, restaurants or stores. The legal alternatives are royalty-free music whose license covers playing it in public, music that is out of copyright, and, in a small US restaurant, the radio (see the exemption below).
Playing music in your place of business usually requires a public performance license. In the US these come from performing rights organizations (PROs). ASCAP, BMI, SESAC and GMR are the four main ones, and each licenses its own catalog of songs, so a venue that plays popular music often needs a license from several of them. Each charges its own yearly fee, set by the type and size of your venue and how you use music. Instead, you can always purchase or look for free music for commercial use if you are on a tight budget.
Yes, music at a restaurant is essential for setting the mood and ambience, and it is a factor in attracting more people. Fortunately, you can always buy royalty-free music. It might not include the Top 40 Hits or your choice of songs, but at least it’s a legal way to spice up your business. It’s the smart move, especially if you want to avoid a copyright lawsuit and the damages that come with it.
Can I Play iTunes, Pandora, Tidal, Apple Music or Spotify?
Just because you paid for a subscription from one of these music providers, it doesn’t mean you can play it for a bunch of people in your place of business. With a subscription, you are only paying for personal, non-commercial use. Spotify’s help page says it can’t be played publicly in a business such as a bar, restaurant, store or salon, Apple’s terms allow only personal, noncommercial use, and Pandora’s terms say a business needs a separate service. A license from the performing rights organizations does not change these terms, so a business that wants streaming needs a service licensed for commercial use. Downloads from stores like iTunes fall under the same personal-use terms, and a CD you bought still needs the public performance licenses before you play it to customers.
With that being said, using royalty-free music for commercial use is the best and most inexpensive way to play music in your café, restaurant or shop. If you hear music playing at a place of business — there is a high chance that the owner is playing music legally.
If you decide to get a jukebox, the licensing works a little differently. The digital jukebox network TouchTunes says its music is licensed with ASCAP, BMI, SESAC and GMR in the US and with PRS and PPL in the UK. That coverage stops at the jukebox: venues that charge admission or a cover, or pair the music with another paid service such as karaoke, need their own licenses, and so does music from any other source, such as live acts, DJs or a staff member’s phone. Older jukeboxes have their own license arrangements, so ask the vendor in writing what its license covers.
However, there are some exemptions from these copyright laws. In the US, a restaurant or bar with less than 3,750 gross square feet (less than 2,000 for other businesses, such as shops) may play radio and TV broadcasts from FCC-licensed stations without a license, and TV delivered by cable or satellite counts too. Streaming services, CDs and your own playlists are not covered. Space used only for customer parking is left out of the count. Bigger places qualify only with limited equipment: no more than 6 loudspeakers in total and 4 in any one room or outdoor area, and for TV no more than 4 screens, one per room, none bigger than 55 inches. You also cannot charge customers to see or hear the broadcast or send it beyond your premises.
Potential Risks
There are many potential risks for playing unlicensed music in your place of business. If you don’t obtain the necessary licenses from the right organizations, a US court can award statutory damages of $750 to $30,000 for each song played without permission, and up to $150,000 per song if the infringement was willful. It’s a significant amount of money that you can avoid paying if you choose to buy royalty-free music for your business.
What Music Can I Safely Play in My Restaurant or Small Business?
Playing royalty-free music for commercial use is still the most inexpensive and least risky way to play music for your customers in your place of business. Let’s face it, a yearly license fee for every organization whose songs you play adds up.
Unless you own a club where people expect to hear the top 40 tracks, you probably shouldn’t spend all your funds on licensing alone. Instead, you can purchase royalty-free jazz, classical or meditation music that you can legally play in a café or restaurant—they are chill music pieces that anyone can appreciate, as long as the license covers playing them in public.
Alternatively, If you have friends who produce music or if you produce music yourself, you can also play these tracks in your place of business — considering you asked permission and purchased the samples for your tracks legally.
The internet is filled with tons of inexpensive or free music sources, and here are a couple of our staff picks you can choose from:
- Mubert Render – This service is a source of music you can play in your place of business. Every track or playlist you purchase is guaranteed to be royalty-free, and suitable for commercial use. You can even use the tracks for types of content like YouTube videos, apps and more.
- Out-of-copyright music – Music whose copyright has expired can be played in public for free. Check both the composition and the recording: a Bach suite is in the public domain, but a modern orchestra’s recording of it usually is not. More in our guide to whether classical music is royalty free.
Conclusion
Using royalty-free music for commercial use is your best choice, especially if you’re just setting up shop. Obtaining the necessary licenses means a yearly fee to each organization whose music you play, and it’s never ideal to add fixed costs when you’re yet to see a return on your investment. Stock music websites might not include today’s top hits, but you may be pleasantly surprised by the audio quality and how good these tracks are considering the low prices. Plus, it’s an excellent way to support local artists trying to make a living.
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