According to US Copyright Law, if you operate a business using music, you have a responsibility to obtain permission from the copyright owner before that copyrighted music can be performed.  With some exceptions, most music we hear is copyrighted. In a business setting, we typically hear that music via a “public performance.” That’s why the music license needed is called a “public performance license”. 

Don’t be confused by the word “performance.” in the term “Public Performance License”.  We often think of performance in the narrow context of live music, but it’s not just about that.  U.S. Copyright Law considers this word more broadly.  Title 17 U.S. Code § 101 states, “To “perform” a work means to recite, render, play, dance, or act it, either directly or by means of any device or process.”  So instead, consider “performance” to also include background music in a hotel lobby, music streamed from a website or app, or music playing from a TV or radio. If you can hear music, a performance is occurring regardless of whether the source is a live band, digital, vinyl or anything in between.

So, what does “public” mean under the Copyright Law for “Public Performance License”?  The law defines public as follows: “To perform or display a work “publicly” means: to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered.”  In short, music being played to more than a family and its social acquaintances, such as at a restaurant, hotel, health club or many other types of locations, is a public performance and requires a public performance license.

Now that we better understand “public performance,” how do you obtain permission? This is where Performing Rights Organizations (“PROs”), such as SESAC, make the complicated task of seeking permission from every copyright owner of every song you may publicly perform, incredibly simple by offering businesses a public performance license. This license authorizes you to publicly perform any of the songs represented by that PRO as often as you wish. This is frequently referred to as a blanket license because it covers all music represented by that particular PRO. 

Copyright owners, like songwriters and music publishers, join a PRO to more easily allow music users to obtain permission to play the songs they have created. The benefit to the business user is that with a SESAC Performance License in place, you have the freedom to publicly perform all SESAC represented music at your business in compliance with federal law.

Need a public performance license for your business? Obtain a license online today at SESAC: Get a License, or schedule a consultation with a SESAC representative.

What kind of license do I need if I host live music at my business?

You need a public performance license!  The law is very clear that prior authorization must be obtained. In other words, you, the business owner, need permission from the copyright owner to allow their musical works to be performed in your place of business. This is where Performing Rights Organizations, such as SESAC, make it easy to comply with this obligation set forth in the US Copyright Law. As a reminder, a “public performance” is any audible transmission of a copyrighted musical work that can be heard by a public audience. This applies to both live and recorded music. However, some business owners confuse the public performance responsibility with the fee they pay a band to perform, but these costs are very different.

Paying a band to perform (show, event, etc.) is compensation for providing the service of entertainment. That’s the band’s paycheck for putting on a show. However, the songwriters and music publishers who own the musical copyrights that the band performs still need to be compensated. Paying music licensing fees fulfills the obligation set forth by law to obtain permission for copyrighted music to be publicly performed. Think of that as the songwriter’s or publisher’s paycheck.

This responsibility extends to almost every type of business, whether you operate a banquet hall, restaurant, gym, hotel, corporate office, streaming platform, or any other type of business where music may be performed. Failure to obtain appropriate authorization, such as that granted by a SESAC Performance License, could result in you knowing or unknowingly committing copyright infringement for which you could be held liable.

The SESAC Performance License grants blanket authorization covering its entire catalog and the licensing process is simple.  SESAC offers license agreements across a wide range of industries that let you obtain authorization tailored for your business.

Obtain a license online today at SESAC: Get a License, or schedule a consultation with a SESAC representative.

What if I want to play music I purchased at my business?

The same responsibilities and obligations on the business owner outlined above regarding live music also apply to recorded music.

When an individual purchases music on any format; whether it is a record, DVD, CD, or digital download, they are granted the authorization to play that music for personal use. In other words, they can play it at home, in the car, or at a friend or family gathering. However, there is no public performance authorization attached to the sale of music to individuals. Therefore, buying a copy of a song does not automatically grant you the right to bring it into a commercial setting and play it publicly.

As may be expected, there are some exceptions and exemptions as some third-party services are licensed and pass that authorization on to their customers. However, it would be best to connect with a member of our Licensing team to walk you through the requirements of the law and address additional questions. Feel free to reach out to SESAC to learn if a public performance license is right for you.  Obtain a license online today at SESAC: Get a License, or schedule a consultation with a SESAC representative.

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Short answer:
If you operate a business using music, whether the source of the music is live or recorded, you most likely need the authorization a SESAC performance license provides.  Cost varies by industry, but it is typically very affordable to work with music licensing companies, compared to other essential operating expenses, especially considering the value it delivers. Obtain a license online at SESAC: Get a License, or schedule a consultation with a SESAC representative.

For More Detail: 
Title 17, Section 106 of the U.S. Code (the U.S. Copyright Act) sets forth a copyright owner’s exclusive right to publicly perform its copyrighted musical works. The law also establishes that a business must obtain prior authorization from the copyright owner to use or allow the public performance of their musical works.

To put it in perspective, if your business is using music, such as a live band, DJ, Digital and/or Streamed Audio, TV, Radio, or Pay Per View Sports and you do not have permission from each individual copyright owner of each individual song prior to that song getting played, you have likely violated federal law. You are using someone else’s intellectual property without their permission, and you could be liable for copyright infringement.

For over 90 years SESAC has been working to streamline music licensing for business owners, granting blanket authorization to use any of its growing and extensive catalog of affiliated songs and musical works written and owned by thousands of songwriters, composers, and music publishers.

SESAC is committed to making compliance convenient for business owners. Simplifying the licensing process, SESAC offers license agreements across a wide range of industries that let you obtain authorization tailored for your business.

License fees vary by industry. Obtain a license online today at SESAC: Get a License, or schedule a consultation with a SESAC representative.

2. How can I get a license for playing music in my business?
For a variety of industries, you can obtain a SESAC license online today in just a few easy steps at SESAC: Get a License. If the license for your business isn’t available online or you have questions about music licensing, we recommend you schedule a consultation with a SESAC Licensing Representative. Our team of experts are looking forward to connecting with you and guiding you through the process. With license agreements spanning a wide variety of industries, SESAC has options designed to keep you compliant, ensuring your use of any music in the SESAC repertory is covered.

Here are just a few examples of businesses regularly obtaining a SESAC license; TV, radio, satellite and cable operators, restaurants, nightclubs, bars, hotels, motels, health clubs, resorts, skating rinks, country clubs, dance schools, stadiums, water parks, amusement parks, colleges and universities, shopping malls, retail establishments, planetariums, museums, cruise ships, festivals, concert promoters and many others. We also cover music licensing for online uses such as websites, apps, streaming radio, gaming, fitness, social media, and other live streaming as well as on-demand digital products, services, and platforms.

Visit SESAC.com to learn more or to obtain a license, today!

3. Can I legally stream Spotify, Pandora, Apple Music, or any of the other platforms at my business?
If you are asking that question, you may want to talk with a SESAC licensing representative to make sure your business is licensed appropriately. Personal streaming accounts with the above services, including paid accounts, do not grant public performance rights for use in a business.  

Visit SESAC.com to learn more or to obtain a license, today!

4. What constitutes music copyright infringement?
Copyright infringement is defined in Title 17, Section 501 of the U.S. Code.  To paraphrase, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner. 

This is where licensing becomes critically important. A license is a formal grant of permission to use a copyrighted work. Because a music copyright is a form of intellectual property, the owner of that property can charge a fee in exchange for this grant of permission.  

License fees are dramatically less expensive than failure to comply with the U.S. Copyright Law, which can result in statutory damages for infringement ranging from $750 to $150,000 for each unlicensed song performed.  

If you perform copyrighted music in your establishment, the law requires you to obtain permission for its use. If you do not obtain permission and use music owned by others, that constitutes infringement.  

Visit SESAC.com to learn more or to obtain a license, today!

5. What happens if I stream or play live music without getting a music license for my business?
Lawsuits are filed every year against businesses for committing copyright infringement.  This is an unfortunate course of action that music creators and Performing Rights Organizations would prefer not to pursue.  However, using someone’s intellectual property without their permission can result in statutory damages up to $150,000 per song performed. As you can see, the consequences for non-compliance with U.S. Copyright Law are real and impactful for the infringing business or owner. Ultimately, music licenses you obtain through PROs, such as SESAC, grant blanket authorization to an expansive repertory of music, making compliance convenient and far less costly than the alternative. 

Looking at the bigger picture, we often find that failure to comply with U.S. Copyright Law can be remedied through education. Once better understood, businesses acknowledge this is a cost of doing business and realize the convenience and benefit of obtaining a SESAC performance license. Often, we find that business owners aren’t aware of the human impact of non-compliance, and that when they fail to obtain permission to use someone else’s intellectual property, the equivalent would be someone stealing their product or service. While many see music as part of celebrity culture, the songwriters and composers who create much of the music we listen to regularly are similar to small business owners, with families to feed, mortgages, and bills to pay. 

As a Performing Rights Organization, SESAC works hard to protect its affiliated copyright owners; songwriters, composers, and music publishers who dedicate their lives to creating the music we all love.  At the same time, SESAC is committed to making the music licensing process as frictionless as possible for business owners so that compliance is convenient.

Visit SESAC.com to learn more or to obtain a license, today!

6.  What is covered with my SESAC blanket music license?
SESAC has an extensive repertory with new and classic hit songs for every different taste in music.

Our diverse repertory includes songs across every genre including Adult Contemporary, Americana, Urban, Pop, Rock, Country, Folk, Big Band, Jazz, New Age, Easy Listening, Christian, R&B, Hip Hop, Rap, Blues, Bluegrass, Gospel, Latin/ Hispanic, Tejano, Salsa, Caribbean, Polka, Band, Choral, Classical, Educational, and Children’s music, as well as jingles and other theatrical and commercial compositions that are used in radio, television, film and streamed online. 

Check out some of our genre-specific and recent award show pages that feature examples of current hits represented by SESAC.

Visit SESAC.com to learn more or to obtain a license, today!

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