A “public performance of music is defined in U.S. copyright law to include any music played outside a normal circle of friends and family.
Songwriters, composers, and music publishers have the exclusive right to play their music publicly and to authorize others to do so under copyright law. This is known as the “Performing Right.” This right was designed to enable and encourage music creators to continue to create music, much the same way that patents encourage inventors to invent. Every business or organization is required by law to obtain permission from the copyright owners of the music they are playing before playing it publicly – either directly from the songwriters/publishers or via a blanket license through performing right organizations like BMI.

BMI (Broadcast Music, Inc.) was founded in 1939 by forward-thinkers who wanted to represent songwriters in emerging genres, like jazz, blues, and country, and protect the public performances of their music. BMI is currently the largest music rights organization in the U.S. and continues to nurture new talent and new music.

BMI (Broadcast Music, Inc.) is the bridge between songwriters and the businesses and organizations that want to play their music publicly. As a global leader in music rights management, BMI serves as an advocate for the value of music, representing over 20.6 million musical works created and owned by more than 1.3 million songwriters, composers, and music publishers.

A music license with another performing right organization allows you to perform only copyrighted music represented by that organization. It does not cover public performances of the award-winning music licensed by BMI. This is because each songwriter or composer may belong to only one performing right organization at any given time, so each PRO licenses a unique repertoire of music. You can search the entire repertoire of music by song title, artist, songwriter, composer, or publisher, including songs that are 100% BMI, at https://www.bmi.com/special/songview.

Although your digital music subscription gives you access to an enormous catalog of music, it does not provide the necessary copyright clearance to play those songs in a public setting. Once you decide to play as part of your business any copyrighted music publicly, you need permission from the copyright owners.

The term “original music” generally means musical works written by the performing musicians. That doesn’t mean, however, that the musicians are not affiliated with BMI. This is because licensing organizations like BMI are the vehicles through which songwriters and composers are compensated for the public performances of their music. In addition, one of the purposes of BMI is to help foster the development of up-and-coming songwriters, many of whom perform in public areas such as yours. Many times, these performers are asked to play songs known by the general public that was written by someone else to add to the entertainment. These performances also require permission.

Since your business is benefiting by the performance of music, the business owner is responsible for ensuring it is properly licensed. This responsibility cannot be passed on to anyone else even if musicians hired are independent contractors.

Only Pandora For Business or Sirius XM For Business streaming services include performance royalties in their service fee – and even then, they only cover fees for background music. Any other streaming service or music use would require an additional license.
If your business uses music from radio or television and is over 3,750 gross square feet, then you do need a BMI license. Under U.S. Copyright Law, there are some exceptions for businesses that are under 3,750 gross square feet using tv and or radio; however, they must meet certain criteria.
For TV, licensing is required if the business is using any of the following:
1. More than four TVs; or
2. More than one TV in any one room; or
3. If any of the TVs used has a diagonal screen size greater than 55 inches; or
4. If any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or
5. If there is any cover charge.
For Radio:
1. More than six loudspeakers; or
2. More than four loudspeakers in any one room or adjoining outdoor space; or
3. If there is any cover charge; or
4. Music on hold.

No, they only cover that specific use. All other music would require a license.

You can call your BMI rep at (888) 689-5264 and change your music use up to three times per year.

Your BMI fee is based on the official occupancy of your business as determined by the local fire marshal, and the amount and type of music that you use. Your licensing fee goes to BMI’s affiliated songwriters, composers, and music publishers in the form of royalties. Your payment supports the continued creation of music, which enhances the overall experience for your customers.