Playing music in a business is a public performance
Under US copyright law, playing recorded music where the public can hear it – in a restaurant, store, gym or waiting room – is a public performance. Songwriters and publishers license those rights through performing rights organizations (PROs): ASCAP, BMI, SESAC and GMR. A personal streaming subscription or a CD you bought does not include a public performance license.
The small-business exemption
The Fairness in Music Licensing Act of 1998 added 17 U.S.C. §110(5)(B), which exempts some businesses that play radio or TV broadcasts (and cable or satellite TV) for customers:
Food/drinking establishments under 3,750 sq ft · other businesses under 2,000 sq ft → exempt regardless of equipment
Larger businesses can still qualify if their equipment stays within the limits:
| Condition | Limit |
|---|
| Loudspeakers in total | Not more than 6 |
| Loudspeakers per room or adjoining outdoor space | Not more than 4 |
| TVs / audiovisual devices in total | Not more than 4 |
| TVs per room | Not more than 1 |
| Screen size | Diagonal not greater than 55 inches |
| Admission | No direct charge to see or hear the transmission |
| Retransmission | Not transmitted beyond the establishment |
What the exemption does not cover
- Music from personal streaming apps, CDs, downloads, playlists or satellite radio subscriptions intended for personal use.
- Live music, DJs, karaoke and jukeboxes (jukeboxes have their own licensing).
- Music on hold played through phone systems, and music on websites.
Licensing options
The simplest route is a business music service whose subscription includes public performance licenses. Otherwise, contact each PRO for a blanket license; fees depend on business type, square footage, occupancy and whether music is live, recorded or used for dancing.
Frequently asked questions
Can I play Spotify in my store or restaurant?
Not with a personal account – consumer streaming terms forbid commercial use, and the copyright exemption doesn't cover streaming.
How big can a restaurant be to play the radio without a license?
Under 3,750 gross square feet with any equipment, or larger if it stays within 6 speakers and the TV limits.
Do retail stores need a music license?
Stores under 2,000 sq ft playing radio or TV broadcasts are exempt; others need licenses or must meet equipment limits.
What happens if I play music without a license?
PROs may send notices and sue; statutory damages range from $750 to $30,000 per song, up to $150,000 if willful.
Does a business music service include licensing?
Most commercial background music services include PRO licenses – check your contract.
About PlayLegal
PlayLegal is an independent, free educational tool for restaurants, bars, retailers, gyms, salons and offices. It follows the text of 17 U.S.C. §110(5)(B) but does not cover every situation, and it is not legal advice. Consult a copyright attorney for your circumstances. We are not affiliated with ASCAP, BMI, SESAC, GMR or any music service.
Every formula on this page runs entirely in your web browser. The numbers you type are never uploaded, stored or shared. Our goal is simple: give you an honest starting point so you can compare product specifications with confidence and avoid paying for capacity you do not need – or buying something too small to do the job.
The methodology combines widely published engineering rules of thumb, manufacturer data sheets and the electrical code practices that installers use every day. We review the assumptions regularly and update the calculator when typical product specifications change.
Privacy Policy
Last updated: October 28, 2026
This Privacy Policy explains how PlayLegal ("we", "us") handles information when you visit this website. By using the site you agree to this policy.
Information we collect
We do not require registration and we do not ask for your name, address or payment details. Values entered into the calculator are processed locally in your browser and are not transmitted to our servers. Like most websites, our hosting provider may automatically record standard server log data such as IP address, browser type, referring page and time of visit for security and performance purposes.
Cookies and advertising
We use Google AdSense to show advertisements that keep this tool free. Third-party vendors, including Google, use cookies to serve ads based on a user's prior visits to this website or other websites. Google's use of advertising cookies enables it and its partners to serve ads to users based on their visit to this site and/or other sites on the Internet. You may opt out of personalized advertising by visiting Google Ads Settings, or opt out of some third-party vendors' use of cookies for personalized advertising at www.aboutads.info (US) or www.youronlinechoices.eu (Europe). To learn more, see How Google uses information from sites or apps that use its services.
Visitors from the European Economic Area, the United Kingdom and Switzerland are shown a consent message powered by a Google-certified consent management platform, where you can accept, reject or manage cookie choices. You can change your choices at any time from the privacy link displayed by that message. Some visitors may also be offered the option to view a short ad or complete another offer in exchange for access to the content; this choice is provided by Google and is entirely optional where alternatives are offered.
Analytics
We may use privacy-friendly, aggregated statistics to understand which features are used. These statistics do not identify you personally.
Your rights
Depending on where you live (for example under the GDPR or the CCPA/CPRA), you may have the right to access, correct or delete personal data and to object to certain processing. Because we do not keep personal data from the calculator, most requests can be handled by clearing cookies in your browser. For any other request, contact us at the address above.
Children
This site is intended for a general adult audience and is not directed at children under 13. We do not knowingly collect personal information from children.
Changes to this policy
We may update this policy from time to time. The date at the top of this section shows when it was last revised.
Terms of Use & Disclaimer
The calculator and articles on this website are provided free of charge for general information and educational purposes only. Results are estimates based on typical values and simplifying assumptions; real-world performance depends on the specific product, installation, climate, wiring and how you use your equipment.
Nothing on this site is professional engineering, electrical or financial advice. Always follow the manufacturer's instructions and local electrical codes, and have permanent installations, transfer switches and grid-connected systems designed and installed by a licensed electrician or qualified installer. Never operate fuel-burning generators indoors or in enclosed spaces – carbon monoxide can kill within minutes.
The site is provided "as is" without warranties of any kind. To the fullest extent permitted by law, PlayLegal is not liable for any loss or damage arising from the use of, or reliance on, the information or results provided. Product and brand names mentioned belong to their respective owners and are used for identification only. You may use the calculator for personal and commercial purposes, but you may not copy or republish the site content without permission.
PlayLegal